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Ag-Gag Laws: What are they and which states still have them?

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Ag-gag laws have been around since the 1990s, a decades-long industry effort to suppress investigations of slaughterhouses and intensive animal farming operations.

HEMI KIM: In September of this year, an Iowa federal court struck down a law passed by the Iowa legislature in 2021 that made it illegal to record audio or video while trespassing on private property. It was the fourth recent challenge to so-called “ag-gag” legislation in the state, laws passed to target undercover investigations into factory farms. Ag-gag laws have been around since the 1990s, a decades-long industry effort to suppress investigations of slaughterhouses and intensive animal farming operations. These laws are typically unpopular in state polls — and a 2012 nationwide survey found that almost two-thirds of respondents opposed them. What’s more, critics say ag-gag laws suppress free speech and threaten democracy…

Ag-gag laws have been found to violate the First Amendment thanks to the limits placed on free speech of public concern. The laws have also been described as targeting particular political groups of people — animal rights or environmental activists — which is why some legal experts argue these laws violate the Equal Protection Clause of the U.S. Constitution. According to their critics, ag-gag laws are dangerous because they threaten free speech and democracy, singling out the animal agriculture industry for special protection while targeting whistleblowers for exposing hazards caused by businesses…

Ag-gag laws follow a pattern of being enacted after animal rights activists reveal footage of animal abuse at agricultural facilities. The laws are an attempt to prevent future documentation of such mistreatment… Six states currently have ag-gag laws in place in October 2022: Alabama, Arkansas, Iowa, Missouri, Montana, and North Dakota, though many more legislatures have proposed ag-gag bills that were ultimately defeated. Some states passed ag-gag laws that were ultimately found to be unconstitutional in court. SOURCE…

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