The Idaho legislature is advancing legislation related to agriculture that would criminalize video recording, obtaining records in an agricultural production setting and criminalize gaining employment through false pretense or entering a premise through false pretense. Senate Bill (SB) 1337 follows a pattern of bills that have been introduced by the agricultural industry nationwide aimed at silencing the criticism of the industry from animal rights groups who have used video to bring about attention to animal cruelty practices.
Similar laws that have been introduced across the country, also referred to as Agricultural Gag, or “Ag-Gag,” laws imposes penalties on whistleblowers, journalists and other individuals who document and expose animal cruelty, food safety issues, poor working conditions, environmental pollution, and other problems on factory farms.
The ACLU expresses significant opposition to these types of bills because such laws often run afoul of the First Amendment by placing restrictions on speech that is critical of farming practices.
For government to approve “content-based” speech restrictions it must clearly show that 1) there is a “compelling government interest” and 2) that the legislation is “narrowly tailored” to that interest. We don’t believe the SB 1337 meets those standards; therefore it cannot impose penalties on individuals who choose to record in an agricultural operation setting.
We also oppose SB 1337 because of the “chilling effect” it may have on investigative journalism. Journalists and filmmakers would understandably fear taking on assignments that would threatened their jobs. Additionally, this proposed law would jeopardize their sources and thwart their investigations, while also potentially violating the First Amendment’s protection of freedom of the press.
This bill also raises the issue of selective enforcement on speech. While there is no constitutionally enforceable right to engage in undercover reporting on private property, Ag-Gag laws are supported by groups representing the agriculture and animal testing industries. SB 1337 would limit criticism of the agricultural industry, giving rise to concerns that government has targeted specific speech for criminal sanction out of disagreement with the position of animal rights advocates.
Additionally, there is much value in protecting investigative journalism. Undercover journalists have conducted investigations that have led to recalls of meat, or eggs that were deemed dangerous to consumers. SB 1337 may threaten future reporting that can lead to health and safety violations.
In 2013, eleven states introduced Ag-Gag laws, but none of the bills were enacted in part because of firm opposition from the public, but also because constitutional issues were raised. A law that did pass in Utah in 2012 is now in the courts.
Idaho should do the right thing and stop SB 1337 from becoming law.