On August 3, a federal judge struck down Idaho’s “ag-gag” law, which banned the undercover filming of animal abuse at agricultural facilities. US District Court Judge B. Lynn Winmill ruled the law violates the First Amendment of the US Constitution. The statute would have criminalized undercover surveillance and investigations documenting animal welfare, worker safety and food safety violations at agricultural production facilities.
“[The law] seeks to limit and punish those who speak out on topics relating to the agricultural industry, striking at the heart of important First Amendment values. 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 his 28-page decision. “The court finds that [the law] violates the First Amendment right to free speech. In addition, the Court finds that [it] violates the Equal Protection Clause because it was motivated in substantial part by animus towards animal welfare groups, and because it impinges on free speech, a fundamental right.”