A lawsuit filed in Utah on Monday is the first big legal challenge to an ag-gag law.
Animal welfare groups, journalists, and a woman who was briefly charged with violating Utah's year-old Agricultural Operation Interference law sued the state in U.S. District Court, alleging that the ag-gag law violates the U.S. Constitution.
The law makes it a misdemeanor to record images or sound while inside an agricultural operation without the owner's consent. It also makes it a crime to apply for work at a slaughterhouse or farm with the intention of making such recordings, or to obtain access to such an operation "under false pretenses." The legislation was approved by state lawmakers amid a surge in such laws nationwide.
"In essence the law criminalizes undercover investigations and videography at slaughterhouses, factory farms, and other agricultural operations, thus 'gagging' speech that is critical of industrial animal agriculture," according to the 41-page complaint filed in U.S. District Court.
The Animal Legal Defense Fund, the People for the Ethical Treatment of Animals, CounterPunch magazine and five individuals claim the law violates their rights to free speech and equal protection. They want a federal judge to strike down the law.