On August 3, a federal judge in Idaho struck down the State's so called ag-gag law for violating the First Amendment.
The Law in question is also found in seven other states and was purported to be about protection of private property. The Law was advanced by farm owners and the agriculture lobby to protect against the release of undercover videos taken by animal welfare advocacy groups.
Under the Law anyone, journalist or farm employee could face jail and be fined should the expose result in losses to farmers by exposing misconduct to the public eye. Sponsors of the ag-gag Law
claimed that videos exposed the industry to public opinion,
In striking down the Law the judge said that food production for the public market is not a private
matter.
When I read about this decision I thought of the many times in our country's history when exposes led to changes in the manufacturing, production and distribution of products which indeed affect
the health and safety of people.
So often when we discuss quality of life issues like water pollution, or gun control or community health, arguments against advancing common sense changes are denied with less than accurate legal
interpretation of The Constitution.
The Idaho decision is a welcome one as it clarifies that difference between the state's right and public interest in seeing what goes on behind closed doors cannot be negated by state legislators.
This time Law and common sense won!
Monday, August 10, 2015
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