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posted by cmn32480 on Wednesday August 05 2015, @05:49AM   Printer-friendly
from the how-your-food-really-gets-made dept.

A federal judge in Idaho has ruled that an "ag-gag" law is unconstitutional. For those unfamilar, an ag-gag law, as defined by the article is "[a law that] outlawed undercover investigations of farming operations, is no more. A judge in the federal District Court for Idaho decided Monday that it was unconstitutional, citing First Amendment protections for free speech". As reported:

Laws in Montana, Utah, North Dakota, Missouri, Kansas and Iowa have also made it illegal for activists to smuggle cameras into industrial animal operations. But now those laws' days could be numbered, according to the lead attorney for the coalition of animal welfare groups that sued the state of Idaho.

"This is a total victory on our two central constitutional claims," says University of Denver law professor Justin Marceau, who represented the plaintiff, the Animal Legal Defense Fund, in the case. "Ag-gag laws violate the First Amendment and Equal Protection Clause. This means that these laws all over the country are in real danger."

"Ag-gag" refers to a variety of laws meant to curb undercover investigations of agricultural operations, often large dairy, poultry and pork farms. The Idaho law criminalized video or audio recording of a farm without the owner's consent, and lying to a farm owner to gain employment there to do an undercover investigation.

Previously: Dairy Lobbyist Crafted Idaho's "Ag-Gag" Legislation.


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  • (Score: 3, Insightful) by TheGratefulNet on Wednesday August 05 2015, @01:37PM

    by TheGratefulNet (659) on Wednesday August 05 2015, @01:37PM (#218495)

    they buy time, they get things 'done' for their friends and they can say 'hey, we tried!'

    also, there is the chance that the fight will last years and maybe they might even win and get to keep their illegal law.

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  • (Score: 2) by hemocyanin on Wednesday August 05 2015, @02:27PM

    by hemocyanin (186) on Wednesday August 05 2015, @02:27PM (#218536) Journal

    Too true. The full context of the decision is not laid out in the summary: This was a trial court decision. It can now be appealed to the Court of Appeals, and from there to the Supreme Court. So the fight is far from over.

    • (Score: 2) by mendax on Wednesday August 05 2015, @05:33PM

      by mendax (2840) on Wednesday August 05 2015, @05:33PM (#218663)

      The fight is far from over but the law and other laws like this are dead. I'd bet real money, not Bitcoin, on it.

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      • (Score: 2) by hemocyanin on Wednesday August 05 2015, @07:23PM

        by hemocyanin (186) on Wednesday August 05 2015, @07:23PM (#218725) Journal

        The fight needs to be fought as hard as possible. I'm a pessimist though.