Alito's reasoning"The Court strikes down in its entirety a valuable statute that was enacted not to suppress speech, but to prevent horrific acts of animal cruelty in particular, the creation and commercial exploitation of “crush videos,” a form of depraved entertainment that has no social value." -Justice Alito, dissenting by himself.
TranslationIt is ok if you pass a law that violates the Constitution, as long as you didn't intend to do so.
The rest of the court rightly disagrees"We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly." Justice Roberts, opinion of the court, joined by everyone.
http://www.supremecourt.gov/opinions/09pdf/08-769.pdfWe were warned"In cases pitting individual rights against government power, Judge Alito's instincts are clear. He is at the margin of the judicial spectrum, not the mainstream. On occasion, individual rights are depicted as obstacles that impede law enforcement and allow criminals to go free." -Goodwin Liu, Before the United States Senate Committee on the Judiciary on the Nomination of Judge Samuel A. Alito, Jr. to the United States Supreme Court, Submitted January 10, 2006.
http://judiciary.senate.gov/hearings/testimony.cfm?id=1725&wit_id=4902