The 8th Circuit has restored part of Iowa’s 2012 Ag-Gag law and lifted an injunction against its enforcement, ruling that the provision prohibiting “assuming false pretenses to obtain access to an agricultural production facility is consistent with the First Amendment.” The court upheld the district court’s invalidation of the law’s “Employment Provision” that criminalized making “a false statement or representation as part of an application or agreement to be employed at an agricultural production facility.” The challenge to the Iowa Ag-Gag law was brought by the Animal Legal Defense Fund, Iowa Citizens for Community Improvement, Bailing Out Benji, People for The Ethical Treatment of Animals, and the Center for Food Safety.
8th Circuit Partially Restores Iowa’s First Ag-Gag Law
Groups Challenge Third Iowa Ag-Gag Law
The Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Bailing out Benji, Food & Water Watch, and Iowa Citizens for Community Improvement have filed suit challenging elements of Iowa’s third Ag-Gag law passed in 2021 as a violation of the First Amendment––specifically Code § 727.8A that prohibits recording “images or data” while on “trespassed property.”
8th Circuit Restores Challenge to Arkansas Ag-Gag Law
The 8th Circuit has revived a First Amendment challenge to Arkansas’ ag-gag law, finding that plaintiffs Animal Legal Defense Fund, Animal Equality, Center for Biological Diversity, and Food Chain Workers Alliance do have standing under Article III because they reasonably could fear private parties would enforce the law against them. The Court of Appeals rejected an argument made in the dissent that animal advocates would need to start investigating in order to have standing.