A Federal Judge Just Struck Down Idaho’s Law Against Secretly Videotaping Animal Abuse on Farms


Captured by undercover investigators 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, but behind the scenes, Idaho’s $6.6 billion dairy industry 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 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 on the phenomenon—it sailed through the Idaho Legislature 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.

According to Food Safety News, seven other states have similar ag gag laws on the books. “This ruling is so clear, so definitive, so sweeping,” Leslie Brueckner, senior attorney for Public Justice (co-counsel for the plaintiffs in the case), told ThinkProgress. “We couldn’t ask for a better building block in terms of striking these laws down in other states.”

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate