Idaho Ban On Undercover Filming Of Farm Abuses Called Unconstitutional By Federal Judge

(You can own your own farm animal abuse photos.)

If slaughterhouses were made of glass, everyone would be vegetarian.

Idaho ban on undercover filming of farm abuses called unconstitutional by federal judge

Aug 04, 2015  by Walter Einenkel

Republican lawmakers trying to stop animal and agricultural abuse whistleblowers from filming those abuses, took a big hit today as a federal judge struck down Idaho's ban on surreptitious filming of agricultural abuses.

U.S. Chief Judge B. Lynn Winmill of the District of Idaho swept away the state's ban on the grounds that the law violated the 1st Amendment and selectively targeted activists or journalists who might be critical of factory farm practices."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," Winmill wrote in a summary judgment.

Ag-gag laws have become all the rage for conservative lawmakers and big business interests, none of whom like having to answer for their terrible, usually illegal and immoral, business practices and lack of quality control. The bill that Judge B. Lynn Winmill struck down had been signed into law this past February—by a Governor named "Butch":

Gov. C.L. "Butch" Otter signed a bill threatening people who secretly film animal abuse at Idaho's agricultural facilities with jail and fines.

Otter inked the new law Friday, two days after it cleared its final hurdle in the House.

Otter, a rancher, said the measure promoted by the dairy industry "is about agriculture producers being secure in their property and their livelihood." (Alan: I doubt conservatives would apply this logic to undercover photography of Planned Parenthood staff.)

Luckily, the Federal court saw through this load of manure. The best part of this decision is that it is the first legal push back on this issue.

The ruling is the first in the country to deem an anti-dairy spying law unconstitutional, said Mathew Liebman of the Animal Legal Defense Fund, one of the lead attorneys on the Idaho case.The only other similar lawsuit is in Utah, but more are likely to come after Monday's decision, he said. Currently, eight other states have passed some sort of law against such surreptitious filming, even though many more have been introduced in state legislatures.

For more on this story and discussion go over to GayIthacan's diary here.