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Pak Speaks at Cardozo Panel on Animal Cruelty Depictions Statute On November 23, 2009, FKSA attorney Andrew S. Pak was a panelist at a discussion hosted by Benjamin N. Cardozo School of Law's Public Law, Policy & Ethics Journal exploring the legal issues raised by United States v. Stevens, a case currently before the United States Supreme Court. Stevens involves a criminal prosecution under 18 U.S.C. § 48 ("Section 48"), which prohibits the creation, sale, or possession of a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain. The impetus for the enactment of Section 48 was so-called "crush videos." Robert J. Stevens was convicted under the statute for selling videos of illegal dog fighting. The Court of Appeals for the Third Circuit, sua sponte and sitting en banc, reversed Stevens' conviction on First Amendment grounds. See United States v. Stevens, 533 F.3d 218 (3d Cir. 2008). The Supreme Court granted certiorari, and oral argument was held on October 6, 2009. The panel was moderated by Professor Doni Gewirtzman from New York Law School. The other panelists, Joshua A. Block of Jenner & Block LLP and Jonathan Bloom of Weil, Gotshal & Manges LLP, each filed amicus curiae briefs in support of Stevens challenging the constitutionality of Section 48. Together with FKSA partner Lance J. Gotko, Mr. Pak authored an amicus curiae brief on behalf of the firm's pro bono client, International Society for Animal Rights, arguing that the First Amendment did not protect Stevens' conduct. Henry Mark Holzer, Professor Emeritus at Brooklyn Law School, also was on the brief. |
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