Iowa’s second ‘ag-gag’ law has been ruled unconstitutional by a federal judge. This specific law created criminal charges for those who gained access to an agricultural facility using deception for the purpose of causing physical or economic harm.
Iowa has passed four laws since 2012 in response to animal rights activists who have published images and video from inside agricultural facilities, sometimes infiltrating them by getting hired as employees, according to the Des Moines Register (DMR).
U.S. District Judge Stephanie Rose told DMR that this particular law “impermissibly distinguishes between animal rights activists and others who might lie to gain access to facilities for other reasons.” In addition, Rose explained that the law singled out individuals based on their point of view and the government cannot regulate speech of a certain viewpoint due to First Amendment rights.
Similar laws have been seen in several states, including Idaho, Kansas, Utah, Wyoming, Arkansas and North Carolina, many of which have been tried in court under similar pretenses.
Iowa Pork Producers Association attorney, Eldon McAfee told DMR that courts have been “walking a fine line” in writing the statutes, in part because courts in different parts of the country have disagreed on key constitutional questions. Some laws have been struck down due to being “overbroad” and “now this court is saying very strongly that this law is too narrow, too targeted, aimed at the plaintiffs in this case,” McAfee said.
Of the four laws in Iowa, the first, second and fourth laws have all been challenged in court. The state has the option to appeal this decision.
