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View Full Version : Utah ag-gag law struck down



Winehole23
08-05-2015, 09:00 AM
Captured by undercover investigators (http://www.burgerkingcruelty.com/more-information.php) and released in 2012, the above video depicts a disturbing scene inside a large Idaho dairy facility. We see workers committing various acts of violence against cows: kicking and punching them, beating them with rods, twisting their tails, and, most graphically, wrapping a chain around the neck of a downed cow and dragging it with a tractor. The exposed dairy promptly fired five workers in the aftermath (http://www.cnn.com/2012/10/10/us/idaho-dairy-animal-abuse/), but behind the scenes, Idaho's $6.6 billion dairy industry (http://www.capitalpress.com/Dairy/20141103/dairy-industry-major-driver-in-idahos-economy) quietly began working with its friends in the state legislature on a different response, according to US District Court Judge B. Lynn Winmill.


In a decision (http://aldf.org/wp-content/uploads/2015/08/8-3-2015-ALDF-decision-ag-gag.pdf) released Monday, Winmill wrote that the Idaho Dairymen's Association "responded to the negative publicity by drafting and sponsoring" a bill that criminalizes the "types of undercover investigations that exposed the [violent] activities." Known as ag gag legislation—check out Ted Genoways' must-read Mother Jones piece (http://www.motherjones.com/environment/2013/06/ag-gag-laws-mowmar-farms) on the phenomenon—it sailed through the Idaho Legislature (http://www.foodsafetynews.com/2014/02/governor-otter-should-reconsider-idaho-ag-gag-bill-says-chobani-founder/#.VcEoLRNVikp) and became a law in 2014.


Winmill declared the law unconstitutional in his decision, stating that its only purpose is to "limit and punish those who speak out on topics relating to the agricultural industry, striking at the heart of important First Amendment values." Moreover, the judge ruled, the law violates the Equal Protection Clause of the 14th Amendment, "as well as preemption claims under three different federal statutes." Ouch.

http://www.motherjones.com/tom-philpott/2015/08/judge-idaho-ag-gag-law-unconstitutional

boutons_deux
08-05-2015, 09:02 AM
https://video-dfw1-1.xx.fbcdn.net/hvideo-xft1/v/t43.1792-2/10544693_810825972290392_1597169876_n.mp4?efg=eyJy bHIiOjI1NTYsInJsYSI6NDA5Nn0%3D&rl=2556&vabr=1704&oh=7703aadd2bec5572f4987d54f411eeb4&oe=55C2458C

playjimmer
08-05-2015, 11:19 AM
Utah, Idaho. same difference, right?

Winehole23
08-05-2015, 11:30 AM
Idaho.

Sorry playjimmer. I'd change the subject line if I could.

FromWayDowntown
08-05-2015, 11:41 AM
I think it suffices that there was an Ag-Gag law, it sought to ensure that abuses in farming would be difficult to prove by criminalizing efforts to document the abuse, and a federal judge saw right through that and recognized the important First Amendment rights that must be protected for those who are brave enough to blow the whistle (and prove their allegations) in the face of improper or criminal conduct.

playjimmer
08-05-2015, 10:08 PM
Idaho.

Sorry playjimmer. I'd change the subject line if I could.
but i do agree that it is good it was struck down.