Animal activists won a major victory in Utah when a federal judge struck down a 2012 ‘ag-gag’ law. The law prevented citizens from entering an agricultural facility under false pretenses and recording operations — making undercover investigations into animal cruelty on factory farms or puppy mills impossible.
According to U.S. District Judge Robert Shelby’s ruling, the ‘ag gag’ law is unconstitutional because it violates free speech.
“Utah undoubtedly has an interest in addressing perceived threats to the state agricultural industry, and as history shows, it has a variety of constitutionally permissible tools at its disposal to do so,” wrote Judge Shelby in his memorandum decision and order. “Suppressing broad swaths of protected speech without justification, however, is not one of them.”
‘Ag-gag’ Laws Unfairly Single Out Activists
Picture of Utah Capitol by John Mayer from Santa Barbara, United States (Saved Photos-55) CC BY 2.0, via Wikimedia Commons
The court decision is a major win for animal rights activists, who were specifically targeted when creating the law. This is also the first case ever filed to challenge ‘ag-gag’ laws.
Based on the rhetoric by proponents of the law, Judge Shelby noted that, “What the Act appears perfectly tailored toward is preventing undercover investigators from exposing abuses at agricultural facilities.”
Specifically, the bill’s sponsor Senator David Hinkins stated that “’vegetarian people [are] trying to kill the animal industry.” He cited this as justification for the bill, saying that is “’what we’re trying to prevent here.’” However, he wasn’t the only one to speak out against animal activists. Farmers also promoted the bill to protect their industry.
The Case Against Utah’s ‘Ag-Gag’ Law Is the First of its Kind
Animal Legal Defense Fund (ALDF), People for the Ethical Treatment of Animals (PETA), and Amy Meyer initiated the lawsuit in 2013 after Amy Meyer was charged with a class B misdemeanor for violating the law. She “illegally” filmed a sickly cow at Dale T. Smith & Sons Meat Packing Company in Draper, Utah. Although the charges were dropped, the incident served as a catalyst.
“Utah’s now-defunct ‘ag-gag’ law sought to keep cruelty to animals a big secret that only the profiteers could see. It was a blatant violation of free speech and freedom of the press,” PETA wrote in an article after the victory. “It sought to punish the whistleblowers and eyewitnesses who expose inhumane and illegal conduct on factory farms and at slaughterhouses—instead of going after the people who commit these crimes.
‘Ag-gag’ Laws Designed to Hide Cruelty and Health Violations
Picture by ben (originally posted to Flickr as Nugget Truck) CC BY 2.0, via Wikimedia Commons
According to the Humane Society, although they can take many forms, ‘ag-gag’ laws target whistleblowers. The laws originated as an attempt to combat negative publicity by animal rights activists in the 1990s.
As Judge Shelby described in his memorandum, several undercover investigations revealed disturbing animal abuse such as male chicks being ground up alive, calves being skinned alive, and much more. Needless to say, these videos negatively affected the agricultural industry. After the ensuing cruelty cases and public outcry, agriculturalists reacted by pushing for ‘ag-gag’ laws. Now, 16 states have passed laws similar to the one that was struck down in Utah.
Court Rules ‘Ag-gag’ Law Violates Constitutional Rights
Although the case is a major win for activists and investigators, Judge Shelby’s ruling looked strictly at the law, which is more focused on human rights than animal rights. The court struck down Code §76-6-112, because it violates freedom of speech.
Defendants Argued the ‘Ag-Gag’ Law Protects Workers and Animals
The defendants, the Governor and Attorney General of Utah, argued that the law did not violate free speech and was meant to protect agricultural workers and animals. However, there was no evidence to support his claim.
The First Amendment Protects Some Forms of Lying
The judge also remarked that the law is too vague. The wording of the law, which criminalizes gaining “access to an agricultural operation under false pretenses,” violates some forms of free speech. According to the judge, even if someone lies to access a facility, it isn’t considered trespassing (which is illegal) unless there is also harm, such as property damage.
Creating Videos is Protected as Free Speech
As for recording videos on private property, the judge firmly stated that “it appears the consensus among courts is that the act of recording is protectable First Amendment speech.” He went on to say that if recording videos weren’t protected, “the State could criminalize, for example, creating music videos, or videos critical of the government, or any video at all, for that matter, with impunity.”
The First Amendment Protects Speech Even on Private Property
Finally, the court addressed the issue of private property. The defendants argued that since agricultural facilities are on private property, that limits the First Amendment rights. However, the judge found this argument “contrary to basic First Amendment principles.”
Picture by Mercy For Animals MFA from Los Angeles, USA via Wikimedia Commons
This May Mark the Beginning of the End of ‘Ag-gag’ Laws
While this may be the first case to challenge ‘ag-gag’ laws, it isn’t the only one. Another case, also filed by PETA and ADLF, is pending in Idaho and already passed the district court.
“These unconstitutional laws will fall like dominos,” says Stephen Wells, executive director of the Animal Legal Defense Fund in a statement. “Ag-gag laws are flagrant attempts to hide animal cruelty from the American people, and they unfairly target activists trying to serve the public’s interest.”
WOW, where to begin? I completely disagree and I’m ;74 years old and have always been a vegetarian and am as
fit as anyone and more fit than most. My husband and I hike around the world and do nothing special re exercise
or diets. We just don’t eat animals. I believe what you are saying is “beyond ridiculous”. I could go on and on but won’t.
I think this is wonderful for the animals! I stumbled to a place on YouTube where they had all these video’s of what is actually taking place in some of these big ‘factory’ farms with pigs, chickens and all other kinds of farm animals and it made me sick. What makes me just as sick, however, is how these brazen Animal Rights Groups are not doing this for the animals so much as they are doing this to promote their own VEGAN cause. As a doctor, I know the so called ‘VEGAN’ & ‘VEGETARIAN’ folks are taking years off their lives by not eating animal protein. At my veterinarian’s office, I learned there are certain vets who are actually offering ‘VEGAN’ cat and dog food! Cats are what we call ‘Obligate Carnivores’ or ‘True’ Carnivores who’s survival depends on the proteins found in animal flesh. You can kill your cat if you do not give them almost 100% animal protein. The whole thing is going too far. As human beings, we are ‘Omnivores’ meaning we must have vegetables as well as animal flesh to be healthy. There are six essential amino acids we can ONLY GET FROM RED MEAT. If we do not have them then we are not able to live as we should and our bodies can not heal themselves as they were made to. We are not vegetarians, we do not have a ‘rumen’ or a ‘second’ stomach as do animals who are capable of breaking down cellulose in order to derive nutrition from it. There is only ONE PRIMATE who has a ‘rumen’ and that is the Golden Leaf Eating Monkey. The rest of the primate world are omnivores with the exception of the ‘Tarsier’ who is also an ‘Obligate Carnivore’ just as cats are but they are also a True Primate.
PETA & ALF two of the most widely known Animal Rights Groups in the US kill more animals every year than they save. Their methods are despicable & their results are often deplorable. They tell their people to do what they will but never say that PETA OR ALF TOLD THEM TO DO IT! They are responsible for releasing 4,000 factory mink who were bred to be killed for their fur. However, they were let loose in a cold area where the animals were not native and they all starved or died from exposure to the elements. Did it help the mink one bit? Nope, all the factory did was contact their insurance company and within a month the cages were filled with 4,000 more farmed mink. EXACTLY WHAT DID THEY ACCOMPLISH? I have gotten their email and actually donated money each month to these 2 animal rights groups as I love animals and seeing someone harm an animal makes me angry and sad and sick and I don’t even have the words for what I could do to anyone who harms an innocent creature like they do. Factory farming is wrong and needs to be changed. It does not, however, equate to human beings not needing to have meat in their diet. It simply means we need to change the way we go about farming so the animals do not suffer. I grew-up on a farm in Ireland and when I was young I would always get so upset when it came time for the family pig to be butchered or when one of the milk cows was too old for another pregnancy and it would be time for the cow to be slaughtered to feed the family (and many of the families who lived near us as we all shared the extra whenever a large animal was butchered this way everyone had meat and didn’t have to kill their own animals as often. It was a good system but I still was quite sad when it was time to say goodbye to my friends many of whom I had known since they were little. But this is life on the farm. They were always humanely killed and not a bit of the carcass went to waste. I believe this was as God intended.
So, I am very happy that the abused animals in these systems will have an advocate, however, I can not support these groups who claim to be for animal rights. I believe they only do so because it falls into their vegan or vegetarian agenda.
I think you mistook this for the FoxLiesAboutEverythingAllTheTime website for xtians!
I may be a hypocrite. I’ve been called worse. I call myself WAY worse every day. But I like my meat. I just wish they didn’t have to be SO DAMN CRUEL providing it!!!
And since they seem so damn incapable of EVEN THAT, I wonder about doing without this shit!
it’s about time that people are understanding that the animal abuse must be stopped and this will help millions of animals.
This is wonderful victory but these judges and law makers still don’t get it. It’s the horrors and cruelty to the animals that is the issue not obstruction of human rights. Why are these people so dense?
It is a terrible society that persecutes people for exposing cruelty.This ruling is progress.
Thank you, Judge and everyone who had worked so tirelessly. Thank you on behalf if animals everywhere. Please keep up this great work!
Wonderful decision!! Without these activists revealing the terrible animal abuse that goes on the public would never know the suffering these poor creatures go through to feed us. The abusers need to always be afraid they will be exposed for the horrible treatment they give the animals in their care. Kudos to that judge & hope it follows in all the other states that also have that restrictive law.
Thank God!! I’m so happy for everyone who has big hearts and compassion to make make this happen! Thank you for your courage and display of utmost care and love to do what is right and give these poor animals the protection they deserve! Thank you so much!