Animal Cruelty and the First Amendment:

Are depictions of animal cruelty protected by the First Amendment? In July, the U.S. Court of Appeals for the Third Circuit held they are in a 10-3 en banc decision in U.S. v. Stevens. The decision, which Eugene blogged about here, struck down the federal law prohibiting the production, sale, and possession of depictions of "animal cruelty."

Now it looks like the case may go up, as the Solicitor General has filed a petition for certiorari in the case. Because the Court usually agrees to review decisions striking down federal statutes, I would think the chances for certiorari are pretty good.