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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: 2) by Runaway1956 on Thursday August 06 2015, @01:29AM

    by Runaway1956 (2926) Subscriber Badge on Thursday August 06 2015, @01:29AM (#218900) Journal

    That's all food for thought. I'll reiterate other poster's points that trespass and performing tasks outside of your established duties are civil infractions, and that no criminal code law need be passed to deal with those acts. Civil law is quite sufficient to deal with contract violations.

    The court of public opinion, huh? Well - let us bear in mind that most businesses related to the production of food are located in rural areas. The products of these businesses are sold to large corporations, for the most part. It's pretty tough to boycott Farmer Jones pork, because Farmer Jones doesn't market his product under his own name at the grocery in your neighborhood. The court of public opinion really can't touch Farmer Jones. That court would have to go after ConAgra, or Pilgrim, or some other mega-corporation.

    Also, as has been pointed out, there are long established, accepted industry standards that are generally conformed to. If Farmer Jones conforms to standards, or very nearly conforms to those standards, then public opinion in the local community will be with Jones. If Jones, however, is known throughout the community to NOT conform to those standards - well - his ass may be grass, and the court you mention will be the lawn mower.

    All in all, I think that things will tend to balance out. One doesn't address a spate of civil disputes by passing criminal law, outlawing photography in the vicinity of a protected business. One doesn't protect one group of people, by outlawing another group of people.

    Time and again, the Supreme Court has made rulings which state that if and when an issue must be addressed, the law must be the least intrusive possible. There are times when freedom of speech must be restricted, but the very least oppressive measures must be taken. A blanket law that criminalizes photography in rural areas certainly won't meet that standard. Nor will a law which criminalizes photography on farms, or even inside of barns.

    I would say that an ethical farmer has little to fear from the public. An unethical farmer and/or unethical employees has much to fear. And, that is the way it should be.

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