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Tuesday, May 24, 2011

Bill to criminalize recording of farm activity without owner's consent is advancing in Iowa

UPDATE, June 16: "A measure to punish those who make secret videos initially appeared to be sailing through the Iowa Legislature, but after clearing the state House it has sputtered out in the Senate and appears dead for this session," Mike Glover of the Associated Press writes in The Atlanta Journal-Constitution. Legislation has stalled the bill due to strong opposition from animal welfare groups.

Iowa may be "the first state to criminalize recording sights and sounds at farms without permission from owners," Mike Wiser of Iowa-based Lee Newspapers reports. The development comes after attempts to pass similar legislation failed in Colorado, Texas, Missouri and Florida.

Dan Mathews, senior vice president for People for the Ethical Treatment of Animals, said at a news conference, "With lawmakers in other ag states wanting these bills to die, the ongoing debate in Iowa makes it appear like the farmers there have more to hide." Democratic Sen. Tom Rielly of Oskaloosa, who is revising the approved House version before the Senate vote, says there is nothing to hide and "predicts the Senate will take up the measure this session," Wiser reports.

If the Senate and House agree on the bill, the final version will go to Republican Gov. Terry Branstad, who "believes undercover filming is a problem that should be addressed," gubernatorial spokesman Tim Albrecht told Wiser. Rebecca Zietlow, visiting professor of constitutional law at the University of Iowa, told Wiser the main constitutional issue with teh bill is prior restraint on publication. "The courts have generally said we should let the speech come out and then let the chips fall where they may," she said. (Read more)

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