Iowa ag-gag law upheld, may end up in U.S. Supreme Court

The 8th Circuit U.S. Court of Appeals partially upheld one of Iowa’s ag-gag laws after a lower court ruling found the law unconstitutional. Over the last nine years, the Iowa passed four laws to prevent animal rights activists from becoming employees and recording practices in livestock facilities. The court ruled that states should be allowed to criminalize false statements in the course of trespass, that is, a person could be charged with a crime for lying in their interview or job application about their background or intent. (Des Moines Register, August 10, 2021, by William Morris)

Judge L. Stephon Grasz agreed with his two colleagues on the need to criminalize false statements in applying for jobs, but expressed some concern about the implications of their decision. “…it concerns me to see a new category of speech which the government can punish through criminal prosecution,” he wrote, “Ultimately, the Supreme Court will have to determine whether such laws can be sustained, or whether they infringe on the ‘breathing room’ necessary to effectuate the promise of the First Amendment.” (Little Village Magazine, August 22, 2021, by Raul Brennan)

For related FAC coverage, click here, here and here.