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Idaho's pro-agribusiness law that barred the secret recording of livestock has been deemed unconstitutional by a federal judge who ruled that the so-called "ag gag" law violated the First Amendment.
The decision, if it survives on appeal, threatens similar laws in Iowa, Kansas, Missouri, Montana, North Dakota, and Utah. A North Carolina law takes force in January. Idaho's law carried a maximum one-year jail penalty and up to a $5,000 fine for first offenders for filming or audio recording at a farm without the owner's consent.
It was challenged by several animal-rights groups. Monday's decision marks the first time one of these laws has been declared unconstitutional.
Because the law is motivated by animus, it violates the equal protection clause of the Fourteenth Amendment.
"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."
originally posted by: bigfatfurrytexan
a reply to: dreamingawake
Its obvious that those cows don't have an expectation of privacy, right?
I am kinda "meh" on this. On the one hand, it should help the treatment of animals. On the other hand, what'll end up happening is shock videos showing legal activity that people in the cities will be squeamish over.
originally posted by: Bluntone22
So if I fly a drone over your back yard it's ok as long as I'm looking to see if you're breaking the law?
I don't see how a guy with camera has his rights violated on somebody else's property. You can't walk into a factory and start filming.
The bills would apply equally to journalists, activists and employees. By prohibiting any type of undercover recordings, a farm's own employees would be prohibited from attempting to record food safety violations, labor violations, sexual harrassment incidents or other illegal activity.
Senator Jim Norman of Florida has his way, it will be a felony to photograph from public property or even set foot onto a factory farm -- and not just any felony, but a first-degree felony, which carries a mandatory minimum of 25 years in prison.
originally posted by: Momof7
Yet the Center for Medical Progress is under investigation for the planned parenthood videos. Is it just me or has the whole world gone crazy?
originally posted by: Mastronaut
I am not a vegan, but I have a hard time when I think about animal meat "production". I have also a hard time thinking that somebody who is willing to slaughter an animal for profit is going to have any concern in torturing it. It's really hypocrisy to think that we should have moral rules in treating animals that are grown to be killed as soon as possible.
It should not be called agri-business, it should simply be slaughter business.
Animals in a farm always had a place, they were part of the "technology" to keep the soil fertile, they were invaluable assets and only when they were old or for a holyday they were killed (that comes from religious SACRIFICES i.e. you renounce to something important for a greater good, in this case to please a god).
We frankly don't need meat, there would be enough just by bringing back animals into food production rather than being theirself food and selling the ones that die naturally. And maybe we could use much less fertikillers in our crops.
But, hey it's business, it doesn't need to be moral. Somebody would cry for loss of jobs of some farmers forgetting they already put them in the mud.
Whoever tortures another creature for whatever reason should be treated like a psycho.