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Parts of Idaho “ag-gag” law found unconstitutional

Portions of Idaho’s “ag-gag” law prohibiting secret recordings on farms has been dealt a setback in court, and that has farmers and attorneys paying attention in other states.

David Crass is an attorney with Michael Best and Friedrich in Wisconsin who specializes in agricultural law.   He says, “The court did strike down in-part, upheld other parts, but struck down in part the ag-gag law in Idaho as unconstitutional restriction on free speech.”  Crass specializes in agricultural law.  He tells Brownfield other states have ag-gag laws, but they’re not all the same.  “They differ in the states that have developed them and the outcomes differ as well in terms of litigation that seeks to strike them down.  Idaho’s was particularly aggressive because it definitely criminalized the behavior, and I think that brought a fair amount of scrutiny to the action.”

The Idaho law was enacted in 2014 and was challenged in court the following year by several groups led by the Animal Legal Defense Fund.

Crass tells Brownfield the ag-gag law issues might eventually have to be decided at the highest court.

“If litigation surrounding these laws continue and we have conflicting decisions from various Circuit of Appeals courts, we may end up with that issue in front of the U.S. Supreme Court.”

There are presently laws against activists smuggling cameras into animal agriculture operations in  Missouri, Iowa, Kansas, Montana, Utah, North Dakota, North Carolina.