U.S. District Judge B. Lynn Winmill ruled that an Idaho law that bans secret filming of animal abuse on farms is unconstitutional, said the Associated Press. Winmill said the 2014 law violates the First Amendment’s guarantee of freedom of speech. A coalition of animal activists, civil rights groups and media organizations brought the suit, arguing that the law curtailed free speech and prescribed a harsher penalty for gathering proof of animal cruelty than for animal cruelty itself. Lawmakers passed the law after dairy farmers complained that surreptitious filming of workers on a southern Idaho dairy farm unfairly hurt their business.
The University of Denver law professor who argued the case for the coalition told public broadcaster KUNC that the victory “means that these laws all over the country are in real danger.” Six states – Missouri, Montana, Utah, North Dakota, Kansas and Iowa – have some form of an “ag gag” law.
“This Idaho decision is just the first step in defeating similar ag-gag laws across the country,” said the Animal Legal Defense Fund, one of the plaintiffs. ALDF called the decision “a landmark victory.” The sponsor of the Idaho law, state Sen. Jim Patrick, told the AP that he was considering options of how to move forward.