The U.S. District Court for the Southern District of Iowa has struck down Iowa’s “ag-gag” law, calling it unconstitutional.
The law, which had been in place since 2012, made it unlawful for a person to obtain access to an agricultural production facility by false pretenses. It also made it illegal for a person to knowingly make a false statement or representation as part of an application or agreement to be employed at an agricultural production facility with the intent to knowingly commit an act not authorized by the owner.
Violation of the law on the first offense was deemed a serious misdemeanor, while a second conviction was deemed an aggravated misdemeanor. The law also made it unlawful to conspire to enter or gain employment at agricultural operations under false pretenses.
In 2017, People for the Ethical Treatment of Animals (PETA), Animal Legal Defense Fund, the American Civil Liberties Union (ACLU) of Iowa, the Center for Food Safety, Iowa Citizens for Community Improvement, the Iowa Center for Public Affairs Journalism–IowaWatch, and Bailing Out Benji, sued the State of Iowa, alleging the law violated people’s constitutional rights.
Opponents of law react
ACLU of Iowa, in a press release, stated that it was pleased with the federal court’s January 9 decision.
“Today's decision is an important victory for free speech in Iowa, because it holds that Iowa’s ag gag law on its face is a violation of the First Amendment,” said Rita Bettis Austen, ACLU of Iowa legal director. “An especially grievous harm to our democracy occurs when the government uses the power of the criminal laws to target unpopular speech to protect those with power — which is exactly what this law was always about.”
PETA also hailed the court decision.
“People have a right to know what’s being done to animals behind closed doors,” the organization stated on its website. “No “ag-gag” law is immune from challenge.”
A similar law has been deemed unconstitutional in Utah, as well as portions of another ag-gag law in Idaho.
