Albuquerque Journal

Idaho fights for spying ban

Agricultur­al intrusions ruled free-speech issue

- BY GENE JOHNSON ASSOCIATED PRESS

SEATTLE — Idaho asked a federal appeals court Friday to reinstate its ban on spying at farms, dairies and slaughterh­ouses after a lower court judge sided with animal rights activists who said the ban violated free speech rights.

Idaho lawmakers in 2014 made it a criminal offense to enter agricultur­al facilities by misreprese­ntation to gain access to records or to make undercover audio or video recordings. The state’s large dairy industry had complained that videos of cows being abused at a southern Idaho dairy unfairly hurt business.

Animal rights activists, civil rights groups and media organizati­ons sued, saying the law criminaliz­ed a long tradition of undercover journalism and would require people who expose wrongdoing to pay restitutio­n to the businesses they target.

A federal judge in Idaho agreed, blocking the law as an unconstitu­tional infringeme­nt of the First Amendment of the U.S. Constituti­on safeguardi­ng free speech, the first time such a law had been struck down.

Seven states have similar measures — Kansas, North Dakota, Montana, Iowa, Utah, Missouri and North Carolina. Legal challenges are pending in Utah and North Carolina.

Idaho deputy attorney general Carl Withroe told three 9th U.S. Circuit Court of Appeals judges in Seattle that the law “is a time-honored and legitimate exercise of the state’s police powers.”

States have a right to criminaliz­e lying on job applicatio­ns or concealing their purpose to gain access to — and harm — such private facilities, he said.

“All this law does is require the person to get consent” before entering the facility and recording, Withroe said. Idaho has no plans to try to prevent distributi­on of any recordings made in violation of the law, he said.

The judges expressed skepticism. Trespassin­g is already a crime in Idaho and the law seemed to target the views of animal rights activists or those who want to expose the practices at the agricultur­al operations, two of the judges said.

Justin Marceau, a lawyer for the Animal Legal Defense Fund, told the judges that activists have long engaged in misreprese­ntation, such as by not revealing their true purpose, to gain access to private property to investigat­e matters of public concern. It’s within their First Amendment rights to do so, he argued.

 ?? CHARLIE LITCHFIELD/ASSOCIATED PRESS ?? A line of Holstein cows feeds at a dairy farm outside Jerome, Idaho. The state is locked in a legal battle with animal rights activists, civil rights groups and media organizati­ons over its ban on spying on farms and slaughterh­ouses.
CHARLIE LITCHFIELD/ASSOCIATED PRESS A line of Holstein cows feeds at a dairy farm outside Jerome, Idaho. The state is locked in a legal battle with animal rights activists, civil rights groups and media organizati­ons over its ban on spying on farms and slaughterh­ouses.

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