Symposium
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The University of Miami Student Animal Legal Defense Fund

presents:

Balancing Animal Law and the First Amendment:
A Double Edged Sword

The symposium will look at the past and future of how the First Amendment shapes animal law.  There will be three panels of discussion, one focusing on freedom of religion and the other two on freedom of speech. 

PART I
Balancing Freedom of Religion with Animal Rights
The Church of Lukumi Babalu Aye v. City of Hialeah: A Retrospective

Speakers:

• Jeanne Baker, President of the American Civil Liberties Union (ACLU) of Florida

• Richard Garrett, Shareholder and Vice President and General Counsel at Greenberg Traurig

The first half of the presentation will focus on freedom of religion in Animal Law, particularly the case of the Church of Lukumi Babalu Aye, Inc. v. City of Hialeah.  In the case, the Church challenged a city ordinance banning the ritual slaughter of animals.  The Supreme Court of the United States decided the case in 1993.  The ACLU acted as counsel for the petitioners, the Church, and Mr. Richard Garrett was counsel for the respondent, the city of Hialeah.  Both Ms. Jeanne Baker and Mr. Garrett participated in drafting the Supreme Court briefs and Mr. Garrett also conducted the oral argument.  A number of animal rights organizations filed amici curiae briefs on behalf of the city of Hialeah, including the People for the Ethical Treatment of Animals, the Washington Humane Society, and the International Society for Animal Rights.  Ms. Baker and Mr. Garrett will discuss the case, explaining the arguments they made as to why the ordinance was or was not constitutional.  They will also address the implications of the Supreme Court decision on animal rights and the freedom of religion under the First Amendment.

PART II
Animal Rights and Freedom of Speech: Defamation

Speakers:

• Emily Graham, Principal of The Law Offices of Emily Patricia Graham, Esq.

• Thomas Julin, Chair of the media law group of Hunton & Williams LLP

The second panel will cover freedom of speech and animal law. This panel will address defamation in the context of animal protests. Ms. Emily Graham will discuss statements by journalists and animal rights protesters that describe fashion designers who use fur as heartless killers. Ms. Graham will explain various instances, including the dispute over a news article about the designer Nicole Miller, who no longer uses fur after the controversy.

Thomas Julin will be talking about his cases, Animal Rights Foundation of Florida  v. Siegel , and Worldwide Primates v. McGreal. He  will share his  experiences about these cases, other recent cases involving animal rights organization and defamation/libel, and his expertise on issues surrounding defamation and animal rights protests  general.

PART III
Animal Rights and Freedom of Speech: Prohibitions against Depicting Cruelty

Speakers:

• David Oskar Markus, Criminal Defense Attorney

• Madeline Bernstein, Director of the Los Angeles SPCA

The panel will discuss the constitutionality of 18 USC § 48, the federal prohibition on the sale of depictions of animal cruelty for commercial gain.  Mr. David O. Markus is currently litigating a case in which his client, Advanced Consulting and Marketing, filed suit challenging the constitutionality of the statute on First Amendment grounds.  The company broadcasts cockfights that are conducted in Puerto Rico over the Internet.  Cockfighting is currently illegal in 49 states and as of next year will be illegal in all 50 states.  However, in Puerto Rico, where the cockfights are being staged, the practice is legal.  The statute makes it a crime to sell depictions of cruelty to animals whether or not it was legal where the cruelty took place as long as it was illegal where the depictions were sold.  The speakers will discuss why the statute does or does not unconstitutionally abridge free speech.