Posted August 6, 2015
A
federal judge struck down Idaho's ban on undercover videos at factory
farms, ruling that state legislators wrongly criminalized free speech
to protect prominent agricultural companies, according to a LA Times
article available here. The Guardian also
published an article available here, NPR here and Food Safety
News here.
Animal
rights advocates called the ruling the first defeat for “ag-gag” law in
the U.S. Due to the recent influx of publishing undercover videos
showing animal abuse at facilities, the laws have gained popularity
in some states.
Idaho
is the first state to strike down “ag-gag” statute in a federal court.
Seven other states have adopted similar statutes in the past few years,
according to Food Safety News.
Judge
B. Lynn Winmill wrote his 28-page decision in 97 days after
hearing oral arguments in the case last April.
The
2012 Mercy for Animals video exposed workers beating, kicking and shocking
cows, twisting their tails and dragging them with chains attached to their
necks, according to The Guardian.
It
led to charges of criminal animal cruelty against multiple workers, including a
manager.
The
state’s multi-billion dairy industry believed the sting was an attempt to hurt businesses
and rallied legislators in the state capitol to pass a law making it a crime to
film inside agricultural facilities. A coalition of animal activists, civil
rights groups and media organizations lobbied the court to overturn the ban,
claiming it criminalized whistleblowers and chilled free speech.
Judge
Winmill agreed and said the law violated the first amendment and the equal
protection clause.
“The
effect of the statute will be to suppress speech by undercover investigators
and whistleblowers concerning topics of great public importance: the safety of
the public food supply, the safety of agricultural workers, the treatment and
health of farm animals, and the impact of business activities on the
environment.”
The
Dairymen's Association will be asking the state to appeal Judge Winmill's
decision, according to NPR.
"Obviously
we're disappointed" with the decision to strike down the law, says Idaho
Dairymen's Association director Bob Naerebout. "The legislation was
designed and crafted to try and protect First Amendment rights while also
trying to provide some personal property protection."
Idaho, Missouri, Iowa, Kansas,
Montana, North Dakota, Utah and North Carolina are all states that have passed
ag-gag laws,
according to Food Safety News.
