Third pass at law protecting animal producers is sacked in court

A law prohibiting undercover recording inside Iowa’s animal production facilities was overturned in federal court this week. U.S. Southern District Court Judge Stephanie Rose determined the measure violated the right to free speech under the First Amendment.

Five groups including People for the Ethical Treatment of Animals and Iowa Citizens for Community Improvement sued the state over what they call an ag-gag law. The groups claim the law endangers workers and keeps the public from seeing how farm animals are treated.

Lawyers for the state argued intruders could track in disease and unfairly portray livestock practices. They also contended free speech was not violated because the 2021 law applies to speech on private property where the First Amendment’s protections are significantly diminished. They said the interests of the farmer override any free speech concerns of the animal rights groups involved in criminal trespass.

A spokesperson for Iowa Citizens for Community Improvement, hailed the decision as being a huge win for food workers and advocates in Iowa.

The state may appeal the decision to the 8th U.S. Circuit. A spokesman for the Iowa attorney general's office, which represented the state, said they are still reviewing the decision. The governor’s office did not return Market to Market’s request for more information.

This was the third version of this type of law passed by the Iowa Legislature in the last decade to be overturned in federal court.

For Market to Market, I’m David Miller.

Contact: Miller@IowaPBS.org