Thursday, January 23, 2020

Kansas’s ag-gag law has been ruled unconstitutional

Kansas cannot bar people from conducting undercover investigations on factory farms, the a federal court in Kansas ruled Wednesday. For nearly 30 years — since 1990 — a Kansas state law made it illegal to take photographs or record video in a factory farm or slaughterhouse “with the intent to damage an enterprise conducted at the animal facility.” The law was the earliest example of what are now called “ag-gag” laws, which criminalize undercover investigations, often by animal welfare groups, that reveal abuses on farms. Since Kansas’s law was enacted, half a dozen states have passed such laws — and more have considered it. So far, the courts aren’t impressed. Last year, the federal court for the southern district of Iowa ruled that Iowa’s ag-gag law was unconstitutional. On Wednesday, a federal judge in Kansas agreed. “The prohibition on taking pictures at an animal facility regulates speech for First Amendment purposes,” the court concluded, dismissing arguments that prohibiting the taking of pictures did not constitute a restriction on speech...MORE

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