ANIMAL LEGAL DEFENSE FUND; CENTER FOR FOOD SAFETY; SHY 38, INC.; HOPE SANCTUARY v. LAURA KELLY, in her official capacity as Governor of Kansas; DEREK SCHMIDT, in his official capacity as Attorney General of Kansas
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The 10th Circuit Court of Appeals has upheld a lower court ruling blocking a Kansas law that banned recording and entering factory farms without the facilities’ owners’ consent. The court reasoned that the relevant sections of the law “concern speech because they include deception as a possible element and are viewpoint discriminatory because they apply only to persons who intend to damage the enterprise of an animal facility.” The case was filed by the Animal Legal Defense Fund, Center for Food Safety, Shy 38, and Hope Sanctuary and included three dozen additional Amici Curiae.
[To accompany Federal Case Law Update "10th Circuit Affirms Permanent Injunction of Kansas Ag-Gag Law" from Brooks Animal Law Digest Issue No. 100.]