HSUS Sues Amazon.com over Animal Fighting Videos and Magazines |
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February 8, 2007
On Feb. 8, The HSUS sued Amazon.com and several publishers and distributors (The Underground Pitbull Breeders Association, StreetHeatDVD.com, and the publishers of The Gamecock and The Feathered Warrior), based on their sales of animal fighting videos and magazines on Amazon.com. At issue in the case are four items which The HSUS has repeatedly asked Amazon.com to drop from its sales list because they depict and promote cruel dogfighting and cockfighting events in violation of federal law.
Animal fighting items for sale on Amazon.com include:
- Unleashed: The Realest Pitbull Action Caught on Tape, a DVD depicting illegal dogfighting
- Hood Fights Vol. 2, The Art of the Pit, a DVD depicting illegal dogfighting
- The Gamecock, a magazine promoting illegal cockfighting
- The Feathered Warrior, a magazine promoting illegal cockfighting
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Cockfighting Magazines Found at Raids |
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 In May, 2006, Lancaster, Pa. authorities found "publications promoting animal fighting" at an animal fight.
The same month, deputy sheriffs in Prairie Township, Ohio found cockfighting magazines during a raid.
Morristown, Tenn. authorities found cockfighting magazines during a September, 2005 raid during which 31 fighting roosters were seized.
In August, 2005, Skagit County, Wash. authorities executing a search warrant seized "magazines dedicated to cockfighting," along with fighting roosters and the knives and gaffs advertised in the magazines.
In many criminal cases, courts have found that the presence of animal fighting magazines, including "subscriptions," is either circumstantial or direct evidence of illegal animal fighting. |
Amazon.com is the sole retailer of subscriptions to the animal fighting magazines and the only outlet for animal fighters to obtain subscriptions over the Internet. Similarly, Amazon.com is one of only three sellers of the dogfighting DVD and the easiest seller to locate on the web.
Crimes at Pit Advertised in The Gamecock
The weekend of Feb. 3, HSUS investigators visited an illegal cockfighting pit in Kentucky brazenly advertised for sale in the current edition of The Gamecock and documented a massive illegal cockfighting enterprise. The Saturday night derby drew in more than 400 people and as many as 500 fighting birds from multiple states. A half-million dollar per week illegal gambling enterprise was housed in a large building with theater-style seating. (See a video of the pit.)
An HSUS review of the last 12 months of The Gamecock and The Feathered Warrior found that more than 90 percent of the magazines' advertisements are nothing more than a solicitation to commit a crime. The HSUS has also uncovered evidence that such magazines are published for the express purpose of promoting unlawful animal fighting and are found at more than 75 percent of the animal fighting operations that have been raided by law enforcement officers.
Dogfights on Tape
In the dogfighting DVD Unleashed, approximately 20 dogs are wounded, tortured or killed during the making of the movie. The lawsuit alleges that Amazon's sale of the DVD violates a federal law that makes it a crime to create, possess or sell a depiction of animal cruelty for financial gain. Hood Fights Vol. 2 includes some of the same footage.
The First Amendment
There is no First Amendment protection for speech that proposes unlawful commercial transactions—let alone speech that is on its face criminal because it promotes and incites criminal animal cruelty. Many legal experts agree that there is no First Amendment protection for the sale and distribution of the magazines.
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Amazon and The First Amendment |
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Amazon.com is not a principled defender of the First Amendment. As reported by media outlets, it has pulled materials from its website on a number of recent occasions.
Amazon.com removed a Star Wars book cover without explanation. Film industry experts speculated that it might have given a sneak peek of a new character in an upcoming movie.
Amazon.co.uk removed a controversial book involving the Ulster Unionist Party and the Catholic Church.
Amazon.com removed its links to a website that featured autopsy photos of NASCAR drivers, because the photos were "too graphic."
For undisclosed "legal reasons," Amazon.co.uk halted sales of House of Bush, House of Saud, a book that examines the links between President Bush's administration and wealthy families in Saudi Arabia. This book is widely sold in bookstores in the United States and United Kingdom.
Amazon.com removed an image of a book cover that showed a plane flying through the top of a building shaped like a needle, out of concern that the image too closely resembled the attack on the World Trade Center. | |
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A Virginia man is serving a 37-month prison sentence for selling dogfighting videos. He tried to argue that the videos were protected by the First Amendment, but a federal court rejected those arguments.
A Last Resort
For nearly two years, The HSUS has worked to convince Amazon.com to stop violating federal animal fighting laws. In July 2005, The HSUS sent a letter to Amazon.com President and CEO Jeffrey Bezos, asking him to stop Amazon's sales of The Feathered Warrior and The Gamecock on the Amazon.com website. A year later, in July 2006, after receiving no response, The HSUS gave Amazon.com notice of its intent to take the company to court. See a PDF of the lawsuit.
It's hard to imagine the reasons behind Amazon's allegiance to these vehicles of animal cruelty in an era when most corporations make a concerted effort to dissociate themselves from animal abuse. But one thing remains clear: if it won't be swayed by simple ethics, Amazon.com may soon find itself being swayed by the courts.
What You Can Do
Email Amazon.com and ask them to stop selling all materials devoted to promoting illegal animal fighting. Then let us know you contacted them.
The lawsuit is being filed by the Animal Protection Litigation section of The HSUS, with the pro bono assistance of the Washington, D.C. law firm of Ross, Dixon & Bell, LLP.
See the Video
Cruelty for Sale Online
Related Links
Amazon final lawsuit complaint
Amazon.com final notice letter 07-18-06
