Quote from AAAintheBeltway:
Interesting case that pitted law enforcement interests against free speech advocates. Of course, actual speech was not the issue but rather videos of dog fighting.
I found the breakdown of the Justices interesting, as the liberals voted together and only Alito defected from the conservative side. You might have thought the libs would have been eager to expand governmental regulation of conduct. In this case the conduct was pretty horrendous, and one would think if you could ban something entirely, you could certainly ban selling videos of it being done. Apparently not.
This was certainly not a core First Amendment value, selling dog fighting videos. Of course, the Court's liberals thought it was perfectly acceptable to ban a core First Amendment value, political speech, and supported numerous onerous restricitons on it. So the liberals on the Court find dog fighting more worthy of First Amendment protection than political speech. Classic.
The conservatives' votes are easier to understand. In general, they are suspicious of government excuses to ban speech, and also are very aware of the slippery slope potential. Today dog fighting, tomorrow hate speech, day after tomorrow, racially insensitive speech or speech that hurts gays feelings.
Honestly though, I thought Alito had the best of it. This was hard to distinguish from child pornography in the sense of it being exploitive and supportive of illegal activities. No core or even peripheral First Amendment issues were present.