Law banning secret filming of animal abuse on farms ruled unconstitutional

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.

Law banning secret filming of animal abuse on farms ruled unconstitutional


A win, so far, against "ag gag" laws. Sharing as the "ag gag" laws gaining head in many states are a concern. Now if this survives on appeal and can also help pave the way for other states to declare the law unconstitutional. As the large factory farms become a mainstay as well as others that are lax in humane treatment of animals, it should very well be a protected first Amendment issue.
It's also violates the Fourteenth Amendment:
Info from last year-

Because the law is motivated by animus, it violates the equal protection clause of the Fourteenth Amendment.

Source- HuffingtonPost

Another Source:

"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."

NPR

a reply to: dreamingawake

Its obvious that those cows don't have an expectation of privacy, right?

LOL

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: bigfatfurrytexan
a reply to: dreamingawake

Its obvious that those cows don't have an expectation of privacy, right?

LOL

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.

Thanks for your reply.

Valid concern, though it seems to be far and few between as a YouTube topic to cause a rise out of people as opposed to proof the of inhumane treatment and real action against violations that have happened in the past.

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.

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: 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.

People that do film without knowledge of the farm(am sure most won't permit it especially if they have something to hide) are held accountable for actions. However, the ag gag laws makes it's punished able and often to the fullest extent. Also,

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.

Source


Similar action against filming livestock, etc., extended to one case where someone(a non investigator)filmed from the road then were later contacted by detectives;

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.

Source

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?

I believe they are under investigation not for pretending to be customers of tissue sales and lying to PP to obtain information and videos but presenting the cut videos as evidence of selling.

There's no law-or none brought up so far- against what they were doing with filming and presenting themselves to be the buyers, as opposed to the ag gag law against animal activists and as mentioned in the other reply employees filming possible code violations.

Also, as mentioned prior to eliminate these ag gag laws can maybe preserve other filming as free speech-as in context to what you're worried about above

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.

Thanks all for replies. I hope something comes of this and will update if anymore info.

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.

Nice points. I recall someone mentioning elsewhere on the site about if there were less cattle farms it wold open space for more hemp farming.

a reply to: dreamingawake

Livestocks occupy a lot of space just by themselves, but even more is occupied by cheap gmo corn, soy, etc crops to feed them. Tha quality of food and water that is used in industrial meat production costs much more than what is presented to us. On top of this animals are kept in extremely small spaces that foster the spread of illness and thus they are preemptively treated with antibiotics of every kind and we end up being more resistant to medical care by being fed this #.

The cost presented also don't take in consideration that this industry is poisoning the air and the water everywhere they are, it's not based on feeding, but on profit and not even the kind of profit that a farmer would search: they have to live where they cultivate this, they aren't sit in a comfortable apartment thousands of miles away.
This industry pays a lot in bribes to not pay much more to stop polluting the environment and destroying the small/medium economy, where the quality of products is still a concern. It's not much different than other big industries, but it deals directly with the suffering and slaughter of millions of livestocks that aren't employed in what they do best (enrich the soil), but as "products" themselves.

It's not sustainable, large scale meat production has to go because in the long therm is going to kill us all. And this shouldn't drive people mad-vegans either, because meat has always been part of our history and from some point of view it's even good to be able to "recycle" biomasses in an efficient way.
It's a matter of more moderation and much less greed.