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Tuesday, July 16, 2019

Reporters say Iowa's new ag-gag law violates speech rights

In January, a federal judge struck down a 2012 Iowa law that banned undercover investigations at factory farms and other agricultural operations, saying it violated farm workers' and reporters' First Amendment rights. In March, the state legislature passed a new, similar law that is being challenged in federal court, and on June 27 a coalition of the Reporters Committee for Freedom of the Press and 22 other media organizations filed an amicus brief supporting efforts to end it.

The brief argues that the new law criminalizes many constitutionally protected news-gathering activities. It also "notes that journalists rely on sources — including activists and members of the public — to 'take jobs intending to carry out their employment responsibilities and also observe practices to inform the public'," Simren Verma reports for RCFP.

The brief also argues that, since ag-gag laws criminalize disclosure to the press, reporter-source relationships are threatened and can prevent news organizations from informing the public about the nation's food supply. And, "according to the brief, the statue also 'stifles public debate, discourages whistleblowers from coming forward in fear of prosecution, and values profits and 'property rights' over the public’s health and safety,'" Simren reports.

One of the plaintiffs in the case, the Animal Legal Defense Fund, is also part of a recently filed lawsuit contesting an ag-gag law in Arkansas. Because of such lawsuits, similar laws have been struck down in Idaho, Utah, and Wyoming. Besides Iowa and Arkansas, litigation is also ongoing in North Carolina and Kansas, according to the Center for Biological Diversity.

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