January 29, 2018
Authored by: Luke Westerman, Merrit Jones and Jennifer Jackson
The Ninth Circuit’s recent decision striking down parts of Idaho’s ag-gag law, which aims to deter undercover investigation by making it a crime to lie to gain entry into animal facilities, is the latest court decision to hold that lies and false statements, without more, are protected under the First Amendment, but may ultimately provide a framework for drafters to create an ag-gag law that passes constitutional scrutiny.
In the meantime, the Fourth Circuit Court of Appeals heard oral arguments yesterday in a challenge to North Carolina’s ag-gag law mounted by a coalition of animal-protection, consumer-rights, and food-safety organizations. The law took effect on January 1, 2016, after North Carolina’s Republican-controlled state legislature overrode a veto of the bill by the state’s former governor. The coalition, led by People for the Ethical Treatment of Animals (PETA), filed suit days after the law took effect.
Utah, Wyoming, Iowa, and Missouri have