A U.S. District Court ruling in August inspired today’s edition of Throwback Thursday. That ruling struck down an Idaho law making it a crime to lie to obtain employment at an agricultural facility, among other things. Iowa was the first state to adopt what critics call an “ag gag” law, aimed at making it harder for animal rights or food safety activists to obtain undercover recordings at farms or slaughterhouses. Idaho’s law went further than the bill Governor Terry Branstad signed in 2012; for instance, the Idaho statute also banned unauthorized audio or video recordings at a livestock farm or processing facility. Still, to this non-lawyer, some passages of federal Judge Lyn Winmill’s ruling (pdf) suggested that Iowa’s prohibition on “agricultural production facility fraud” might also violate the U.S. Constitution, specifically the First Amendment’s free speech clause and the Fourteenth Amendment’s equal protection clause.
Bleeding Heartland posted relevant excerpts from the Idaho ruling here, along with a brief legislative history of House File 589.
I sought Governor Terry Branstad’s comment on the court ruling and whether Iowa lawmakers should amend or rescind the language in Iowa Code about “agricultural production facility fraud.” In response, the governor’s communications director Jimmy Centers provided this statement on August 6:
House File 589 passed with bipartisan support and under the advice and counsel of the Attorney General’s office. The governor has not had the opportunity to review the ruling from the federal court in Idaho and, as such, does not have a comment on the case.
“Under the advice and counsel of the Attorney General’s office” didn’t sound right to me. When I looked further into the story, I learned that the Iowa Attorney General’s office neither recommended passage of this law nor signed off on its contents.