The law, Idaho Code § 18-7042, created the new criminal felony offense of “interference with agricultural production,” which occurs when a person, among other things, entered an agricultural production facility by misrepresentation and made audio or video recordings of the facility’s operations. It was enacted in early 2014 after animal rights activists aired videos of workers using a tractor to drag cows with chains around their necks, while also beating and kicking them.
Chief Judge B. Lynn Winmill condemned the law as an unconstitutional ban on valuable political speech on food and worker safety, which are matters of public concern.
“§18-7042 seeks to limit and punish those who speak out on topics relating to the agricultural industry, striking at the heart of important First Amendment values,” the opinion states. “The effect of the statute will be to suppress speech by undercover investigators and whistleblowers concerning topics of great public importance: the safety of the public food supply, the safety of agricultural workers, the treatment and health of farm animals, and the impact of business activities on the environment.” more
