A Federal Judge Just Struck Down Idaho’s Law Against Secretly Videotaping Animal Abuse on Farms


Captured by undercover investigators and released in 2012, the above video depicts a disturbing scene inside a large Idaho dairy facility. We see workers committing various acts of violence against cows: kicking and punching them, beating them with rods, twisting their tails, and, most graphically, wrapping a chain around the neck of a downed cow and dragging it with a tractor. The exposed dairy promptly fired five workers in the aftermath, but behind the scenes, Idaho’s $6.6 billion dairy industry quietly began working with its friends in the state legislature on a different response, according to US District Court Judge B. Lynn Winmill.

In a decision released Monday, Winmill wrote that the Idaho Dairymen’s Association “responded to the negative publicity by drafting and sponsoring” a bill that criminalizes the “types of undercover investigations that exposed the [violent] activities.” Known as ag gag legislation—check out Ted Genoways’ must-read Mother Jones piece on the phenomenon—it sailed through the Idaho Legislature and became a law in 2014.

Winmill declared the law unconstitutional in his decision, stating that its only purpose is to “limit and punish those who speak out on topics relating to the agricultural industry, striking at the heart of important First Amendment values.” Moreover, the judge ruled, the law violates the Equal Protection Clause of the 14th Amendment, “as well as preemption claims under three different federal statutes.” Ouch.

According to Food Safety News, seven other states have similar ag gag laws on the books. “This ruling is so clear, so definitive, so sweeping,” Leslie Brueckner, senior attorney for Public Justice (co-counsel for the plaintiffs in the case), told ThinkProgress. “We couldn’t ask for a better building block in terms of striking these laws down in other states.”

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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