Ag-gag laws (agricultural gag) are anti-
whistleblower
Whistleblowing (also whistle-blowing or whistle blowing) is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe, unethical or ...
laws that apply within the
animal agriculture industry. Popularized by
Mark Bittman in an April 2011 ''
The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' column (but used long before then by advocates), the term ''ag-gag'' typically refers to state laws in the United States of America that forbid undercover filming or photography of activity on farms without the consent of their owner—particularly targeting whistleblowers of suspected
animal rights
Animal rights is the philosophy according to which many or all Animal consciousness, sentient animals have Moral patienthood, moral worth independent of their Utilitarianism, utility to humans, and that their most basic interests—such as ...
abuses at these facilities. Although these laws originated in the United States, they have also begun to appear elsewhere, such as in Australia and Canada.
Supporters of ag-gag laws have argued that they serve to protect the agriculture industry from the negative repercussions of exposés by whistle blowers. The proliferation of ag-gag laws has been criticized by various groups, arguing that the laws are intended primarily to censor animal rights abuses by the agriculture industry from the public, create a
chilling effect
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, th ...
in reporting these violations, and violate the right to
freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
. A number of U.S. ag-gag laws have been overturned as violations of the
First Amendment to the U.S. constitution.
Background
Ag-gag laws emerged in the early 1990s in response to underground activists with the
Animal Liberation Front
The Animal Liberation Front (ALF) is a Far-left politics, far-left international, Leaderless resistance, leaderless, decentralized movement that emerged in Britain in the 1970s, evolving from the Bands of Mercy. It operates without a formal lead ...
movement. In Kansas, Montana and North Dakota, state legislators made it a crime to take pictures or shoot video in an animal facility without the consent of the facility's owner.
In 2002, the conservative organization
American Legislative Exchange Council
The American Legislative Exchange Council (ALEC) is a nonprofit organization of conservatism in the United States, conservative state legislature (United States), state legislators and private sector representatives who draft and share Model act, ...
(ALEC) drafted the "Animal and Ecological Terrorism Act", a model law for distribution to lobbyists and state lawmakers. The model law proposed to prohibit "entering an animal or research facility to take pictures by photograph, video camera, or other means with the intent to commit criminal activities or defame the facility or its owner". It also created a "terrorist registry" for those convicted under the law.
The whistleblower advocacy project
Food Integrity Campaign (FIC), a
campaign of the non-profit organization the
Government Accountability Project calls undercover video of livestock facilities by whistle blowers essential:
Ag-gag laws have also drawn criticism on constitutional grounds by legal scholar
Erwin Chemerinsky, as a violation of the
First Amendment for restricting unpopular forms of speech.
[Animal Welfare Activists File Lawsuit To Overturn Utah 'Ag Gag' Law](_blank)
''Associated Press'', July 22, 2013. In August 2015, a U.S. district court ruled such a law passed by the state of Idaho to be unconstitutional as a violation of the First Amendment; Judge
B. Lynn Winmill stated that "Although the State may not agree with the message certain groups seek to convey about Idaho's agricultural production facilities, such as releasing secretly recorded videos of animal abuse to the Internet and calling for boycotts, it cannot deny such groups equal protection of the laws in their exercise of their right to free speech."
[
]
Laws
Australia
In Australia, several laws have been passed to strengthen existing laws for trespass, theft and vandalism—aimed at reducing animal rights vigilantism
Vigilantism () is the act of preventing, investigating, and punishing perceived offenses and crimes without legal authority.
A vigilante is a person who practices or partakes in vigilantism, or undertakes public safety and retributive justice ...
(according to livestock farmers) or gagging (according to activists).
Between 2015 and 2017, New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
passed several laws addressing trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery ...
by "vegan vigilantes" at farms and slaughterhouse
In livestock agriculture and the meat industry, a slaughterhouse, also called an abattoir (), is a facility where livestock animals are slaughtered to provide food. Slaughterhouses supply meat, which then becomes the responsibility of a mea ...
s within bills about biosecurity
Biosecurity refers to measures aimed at preventing the introduction or spread of harmful organisms (e.g. viruses, bacteria, plants, animals etc.) intentionally or unintentionally outside their native range or within new environments. In agricult ...
. The ''Right to Farm Bill 2019'' added criminal penalties for those who damage property, release livestock, or induce others to commit "aggravated unlawful entry".
The Australian Government
The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the pr ...
passed the ''Criminal Code Amendment (Agricultural Protection) Act 2019'' which introduced further penalties for those who publish information on the internet with the intent of inciting other "green-collared criminals" to "unlawfully damage or destroy property, or commit theft, on agricultural land". The 2019 legislation was in response to escalating animal rights activism incited through online posts and websites, leading to harassment and criminal behavior such as mass farm invasions, livestock theft and damage, often live-streamed
Livestreaming, live-streaming, or live streaming is the streaming media, streaming of video or Digital audio, audio in real-time communication, real time or near real time. While often referred to simply as ''streaming'', the real-time nature ...
online. In one incident a dairy farm
Dairy farming is a class of agriculture for the long-term production of milk, which is processed (either on the farm or at a dairy plant, either of which may be called a dairy) for the eventual sale of a dairy product. Dairy farming has a h ...
was stormed by 100 activists and in another, cows were let loose in the road, a building was burned, and machinery damaged. In 2019, an animal rights group published a map on the internet revealing contact details and private information of farmers and slaughterhouses. A survey of pork farmers revealed 41% had experienced a raid by animal activists and 43% had had images posted online. The legislation was aimed at those "inciting others to commit unlawful trespass or other offenses in the homes and on the lands of our farmers."
Canada
Alberta
Bill 27
the ''Trespass Statutes (Protecting Law-Abiding Property Owners) Amendment Act'', is a bill aimed at giving property owners more rights and imposes higher fines on those who trespass. The bill, which had its first reading in November 2019, makes specific reference to "land used for the production of crops, the raising and maintenance of animals, and the keeping of bees."
Ontario
The ''Security From Trespass and Protecting Food Safety Act, 2019'' was passed on June 18, 2020. Introduced in December 2019 as Bill 156 by the Progressive Conservative Party of Ontario
The Progressive Conservative Party of Ontario (PC; ), often shortened to the Ontario PC Party, or simply the PCs, colloquially known as the Tories, is a Centre-right politics, centre-right political party in Ontario, Canada.
During its uninterr ...
, it was endorsed by the Ontario Federation of Agriculture and Union des Cultivateurs Franco-Ontariens. In February 2020, a group of law professors in Canada sent a letter to the Attorney General of Ontario
The attorney general of Ontario is the Attorney general, chief legal adviser to Monarchy in Ontario, His Majesty the King in Right of Ontario and, by extension, the Government of Ontario. The attorney general is a senior member of the Executi ...
, expressing concern that aspects of the law would infringe on the Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...
. Proponents of the bill cited the need for increased protections from biosecurity
Biosecurity refers to measures aimed at preventing the introduction or spread of harmful organisms (e.g. viruses, bacteria, plants, animals etc.) intentionally or unintentionally outside their native range or within new environments. In agricult ...
risks, trespass, disruption of operations, theft and harassment. The law prohibits unauthorized persons from trespassing on farm property and animal processing facilities, and prohibits protesters from interacting with livestock haulers. A person found guilty can be fined up to $15,000 for the first offence and $25,000 for subsequent offences.
The day after the bill was passed, animal rights activist Regan Russell was fatally run over by a transport truck outside a pig slaughterhouse in Burlington, where an animal rights group had been stopping trucks outside the entrance and giving water to pigs in the trailers. The incident sparked protests against the bill by animal rights groups in Canada and abroad. In March 2021, an animal rights advocacy group sued the Ontario government over the bill.
France
Déméter is a cell of the French national gendarmerie created in 2019. Its objective is to protect farmers from aggression and intrusion on farms. The system is criticized by several associations, as well as by the agricultural union Confédération paysanne.
The administrative court of Paris asks the Ministry of the Interior to put an end to the prevention of "actions of an ideological nature" of the cell on 1 February 2022.
United States
Several states have passed ag-gag laws, many of which have been challenged in court.
Arkansas
On March 23, 2017, Arkansas Governor Asa Hutchinson
William Asa Hutchinson II (, ''Help:Pronunciation respelling key, AY-sə''; born December 3, 1950) is an American attorney, businessman, and politician who served as the 46th governor of Arkansas from 2015 to 2023. A member of the Republican Part ...
signed Arkansas' ag-gag bill into law after District Judge James Moody threw out a lawsuit challenging it on grounds of constitutional violation. The constitutionality of Arkansas' ag-gag law is currently being challenged by the Animal Legal Defense Fund, Animal Equality, the Center for Biological Diversity and the Food Chain Workers Alliance, along with legal experts, scholars, and 23 media organizations who filed briefs in support. Legal professionals state that if the ruling is left standing, it "would drastically limit the ability of federal courts to protect rights guaranteed by the First Amendment."
Idaho
In February 2014, Idaho Governor Butch Otter signed Idaho's ag-gag bill, the "Agricultural Security Act", into law, which imposed fines and jail time on activists who secretly film abuse on Idaho's commercial farms. It came about as the result of the animal rights organization Mercy for Animals releasing a video of animal abuse by workers on Bettencourt Dairy farms.[
On August 3, 2015, the Agricultural Security Act was struck down as unconstitutional by the U.S. District Court for the District of Idaho as a violation of the First Amendment.] This decision was appealed to the Ninth Circuit, and parts of Idaho's law were struck down on First Amendment grounds in early 2018.[
]
Iowa
In March 2012, Iowa Governor Terry Branstad
Terry Edward Branstad (born November 17, 1946) is a retired American politician who served as the 39th and 42nd governor of Iowa (1983–1999; 2011–2017) and the United States ambassador to China (2017–2020). A member of the Repu ...
signed into law the first ag-gag law in America. On January 9, 2019, Iowa's ag-gag law was ruled unconstitutional by the U.S. Southern District Court of Iowa. In April 2019, another ag-gag law was signed, but on December 2, 2019, the U.S. Southern District Court of Iowa issued a preliminary injunction against enforcement of the statute. In June 2020, a third ag-gag law was signed introducing a new crime called " food operation trespass," a type of aggravated misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
. In April 2021, a fourth ag-gag law
HF 775
was signed. The fourth law created "unauthorized sampling" and an additional "Cameras or electronic surveillance devices" crime applicable if someone is criminally trespassing, the penalty for which is an aggravated misdemeanor for a first offense and a class D felony for a second or subsequent-offense. On September 26, 2022, the U.S. Southern District Court of Iowa found the law to be unconstitutional.
Kansas
After being the first state to pass ag-gag legislation in 1990, Kansas struck down their ag-gag laws in 2019 on the basis they violate First Amendment rights; making them the fourth state to do so.
Kentucky
In 2024, Kentucky passed an ag-gag bill. While adding to state statutes prohibitions on the use of drones for recording audio, video and photography of "key infrastructures", the 2024 state legislature added commercial food manufacturing and processing facilities, animal feeding operations, and concentrated animal feeding operations, to the list of "key infrastructures", effectively prohibiting all photography or recordings "on or above" such operations without prior consent. The bill was vetoed by the governor, but overridden by the legislature.
North Carolina
In 2020, in the case of ''PETA et al. v. Stein'', Judge Schroeder struck four subsections of North Carolina's 2015 Property Protection Act, writing "the law is declared unconstitutional as applied to them in their exercise of speech." The plaintiffs included People for the Ethical Treatment of Animals
People for the Ethical Treatment of Animals (PETA; ) is an American animal rights nonprofit organization based in Norfolk, Virginia, and led by Ingrid Newkirk, its international president.
Founded in March 1980 by Newkirk and animal rights ...
, Center for Food Safety, Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch, Government Accountability Project, Farm Forward, and the American Society for the Prevention of Cruelty to Animals. In February 2023, the United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district cou ...
narrowed the 2020 ruling, and in October 2023 the Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
rejected North Carolina's appeal.
Utah
From 2012 to 2017, Utah had an ag-gag law criminalizing entering an animal facility and filming without consent. Amy Meyer, the director of the Utah Animal Rights Coalition, along with Animal Legal Defense Fund and PETA
People for the Ethical Treatment of Animals (PETA; ) is an American animal rights nonprofit organization based in Norfolk, Virginia, and led by Ingrid Newkirk, its international president.
Founded in March 1980 by Newkirk and animal right ...
, brought a facial challenge to the law, and in 2017 a district court judge concluded that Utah Code § 76-6-112 was unconstitutional. Meyer had been arrested in 2013 under the law, but the case was later dismissed when it was determined she was on public property at the time she was filming.
Support
Proponents of the laws note that public documentation of factory farming practices will result in negative consequences for the industry. "State Sen. David Hinkins (R), who sponsored Utah's law, said it was aimed at the 'vegetarian
Vegetarianism is the practice of abstaining from the Eating, consumption of meat (red meat, poultry, seafood, insects as food, insects, and the flesh of any other animal). It may also include abstaining from eating all by-products of animal slau ...
people who are trying to kill the animal industry.'" When investigators publicize documentation of factory farms, the company generally loses business. For instance, in 2007, an undercover investigator from The Humane Society of the United States visited the Hallmark/Westland slaughterhouse in Chino, California, and filmed downed cows, too sick to stand up, being "dragged by chains and pushed by forklifts to the kill floor". A large amount of the meat from this slaughterhouse had been consumed through the National School Lunch Program, and the footage compelled "the U.S. Department of Agriculture to announce what was at the time the largest meat recall in U.S. history". Similarly, a Mercy for Animals investigation at Sparboe Farms resulted in McDonald's
McDonald's Corporation, doing business as McDonald's, is an American Multinational corporation, multinational fast food chain store, chain. As of 2024, it is the second largest by number of locations in the world, behind only the Chinese ch ...
, Target, Sam's Club
Sam's West, Inc. (doing business as Sam's Club) is a chain of membership-only warehouse club retail stores in the United States owned by Walmart. It was founded in 1983 and named after Walmart founder Sam Walton as Sam's Wholesale Club. , Sam's ...
, and Supervalu all dropping Sparboe as an egg supplier. The investigation revealed cages full of dead hens rotting alongside living hens who were still laying eggs for human consumption. The investigator documented standard practices such as painful debeaking without painkillers and tossing live birds into plastic bags to suffocate, along with other behavior deemed "sadistic" and "malicious".
Opposition
Fifty-nine groups, including a wide variety of welfare, civil liberties, environmental, food safety and First Amendment organizations have publicly stated opposition to ag-gag laws. Some of these groups include the American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
(ACLU), Animal Legal Defense Fund (ALDF), American Society for the Prevention of Cruelty to Animals (ASPCA), Amnesty International USA, Farm Sanctuary, Food and Water Watch, Food Chain Workers Alliance, Humane Society Veterinary Medical Association, International Labor Rights Forum, National Consumers League
The National Consumers League, founded in 1899, is an American consumer organization. The National Consumers League is a private, nonprofit advocacy group representing consumers on marketplace and workplace issues. The NCL provides government, bu ...
, and United Farm Workers
The United Farm Workers of America, or more commonly just United Farm Workers (UFW), is a labor union for farmworkers in the United States. It originated from the merger of two workers' rights organizations, the National Farm Workers Associatio ...
, among many others.
Legal challenges
On July 22, 2013, the ALDF, PETA (People for the Ethical Treatment of Animals
People for the Ethical Treatment of Animals (PETA; ) is an American animal rights nonprofit organization based in Norfolk, Virginia, and led by Ingrid Newkirk, its international president.
Founded in March 1980 by Newkirk and animal rights ...
) and others filed their first lawsuit challenging ag-gag laws on constitutional grounds, in Utah.[Brooke Adams]
Animals rights activists say Utah ag gag law unconstitutional
''Salt Lake City Tribune'', July 23, 2012. Utah's law made it illegal to obtain access to an agricultural operation under false pretenses, such as providing inaccurate information on a job application, which is one of the ways that investigative reporters document violations and abuses.
Since then, the ag-gag laws of Utah and three other states have been found unconstitutional. In August 2015, Idaho's ag-gag law was declared unconstitutional by the U.S. District Court for Idaho, and the decision was upheld on appeal. Federal district courts overturned Utah's law July 2017, and Iowa's in January 2019, and initially upheld the law in Wyoming, but overturned Wyoming's law in October 2018 following remand from the Tenth Circuit. In 2019, Kansas's long-standing ag-gag law was deemed unconstitutional after a lengthy legal battle.
Legal challenges to ag-gag laws are ongoing in other states, including Arkansas.
See also
* Animal Enterprise Terrorism Act
* Animal–industrial complex
* Defense Office of Prepublication and Security Review
* Food libel laws
* Right-to-farm laws
References
External links
Undercover Activist Details Secret Filming of Animal Abuse & Why "Ag-Gag" Laws May Force Him to Stop
''Democracy Now!
''Democracy Now!'' is an hour-long TV, radio, and Internet news program based in Manhattan and hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González, and Nermeen Shaikh. The show, which airs live ...
'' April 9, 2013.
Ag-Gag Laws Silence Whistleblowers
''Moyers & Company
''Moyers & Company'' was a commentary and interview television show hosted by Bill Moyers, and broadcast via syndication on public television stations in the United States. The weekly show covered current affairs affecting everyday Americans, a ...
,'' July 10, 2013.
In the Belly of the Beast: Animal Cruelty is the Price We Pay for Cheap Meat.
''Rolling Stone
''Rolling Stone'' is an American monthly magazine that focuses on music, politics, and popular culture. It was founded in San Francisco, California, in 1967 by Jann Wenner and the music critic Ralph J. Gleason.
The magazine was first known fo ...
.'' December 10, 2013.
Investigative Unit 2013: 'Ag Gag' Threatens Animal Abuse Reporting
''ABC News ABC News most commonly refers to:
* ABC News (Australia), a national news service of the Australian Broadcasting Corporation
* ABC News (United States), a news-gathering and broadcasting division of the American Broadcasting Company
ABC News may a ...
'', Dec. 31, 2013.
Idaho Bill Would Jail Animal Activists Caught Using Hidden Cameras
Cindy Galli, ''ABC News ABC News most commonly refers to:
* ABC News (Australia), a national news service of the Australian Broadcasting Corporation
* ABC News (United States), a news-gathering and broadcasting division of the American Broadcasting Company
ABC News may a ...
'' February 20, 2014.
Exposing animal cruelty is not a crime
Will Potter, ''CNN
Cable News Network (CNN) is a multinational news organization operating, most notably, a website and a TV channel headquartered in Atlanta. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable ne ...
'' June 26, 2014
Iowa Quietly Passes Its Third Ag-Gag Bill After Constitutional Challenges
'' The Intercept.'' June 10, 2020.
{{Animal rights
Agriculture legislation
Animal welfare and rights legislation in the United States
Defamation
Food law
Whistleblowing in the United States
Censorship in the United States