Ag-Gag settlement may cost state $260,000

Idaho’s Constitutional Defense Council will meet next Wednesday to consider paying a settlement in the so-called “Ag-Gag” lawsuit challenging the legislature’s “Interference With Agricultural Production” law.

If accepted, the state will pay the Animal Legal Defense Fund $260,000 for attorneys’ fees and costs.

Among other things, the law barred filming of agricultural production facilities, like dairy farms.

The legislature took action in 2014, in response to a secretly-filmed report of operations at an Idaho dairy farm. Filmed in 2012, the video went live on the internet. The video, depicting mistreatment of cows, gained national attention. Ultimately, the employees involved were fired and one was convicted of animal cruelty. The farm owner and his family received multiple threats.

The Animal Legal Defense Fund, which includes PETA, the ACLU of Idaho, Western Watersheds Project, and several other animal rights groups and individuals, challenged the law. The complaint alleged the purpose and effect of the statute was “to stifle political debate about modern agriculture” by criminalizing investigative journalism and whistle-blowing by employees.

The 9th Circuit Court of Appeals has now upheld a district court summary judgment in favor of the fund. The Circuit Court held that Idaho’s effort to criminalize audio and video recording was targeted at speech and investigative journalists. The panel called the action “a classic example of a content-based restriction that could not survive strict scrutiny.”