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Judge B. Lynn Winmill

Split decision on Idaho’s Ag-Gag Law Might Extend Beyond Agriculture

An appellate court Thursday restored specific provisions of Idaho’s 2012 Ag-Gag law but said audio, visual recordings of animal agricultural facilities could not be prohibited by the Gem State under the First Amendment to the U.S. Constitution. It may be a landmark decision for being the first time a federal circuit court has found there… Continue Reading

Utah’s ‘ag-gag’ law is second to be found unconstitutional

Utah’s law criminalizing “both lying to get into an agricultural operation and filming once inside” violates the First Amendment and has been declared unconstitutional by Federal Judge Robert J. Shelby. The ruling announced late Friday by the U.S. District Court for Utah resolves the first lawsuit in the nation to challenge a state’s so-called ag-gag… Continue Reading

Mixed district court ‘ag-gag’ rulings are getting appellate review

The question of whether otherwise illegal acts — like lying on an employment application —  are Constitutionally protected if they prevent enterprising reporters or animal activists from being successful is now framed before a three-judge panel of the 9th U.S. Circuit Court of Appeals meeting in Seattle. And two more District Court decisions could soon have the… Continue Reading

Letter From The Editor: ‘Ag-gag’ end game in hands of many

Opinion

Funny thing about the federal courts. When enough of them get involved in an issue, they can end up showing how something can be done legally that previously was on shaky ground and subject to dispute when it all began. And we are not just talking about the Trump travel ban. Six years ago in… Continue Reading

Idaho squares off with animal rights group before 9th Circuit

Oral arguments are expected to be scheduled in April in Seattle in an “ag-gag” appeal that has pitted Idaho officials against the Animal Legal Defense Fund in a constitutional battle. The case, Animal Legal Defense Fund et al v. Idaho Attorney General Lawrence G. Wasden, landed in the 9th U.S. Circuit Court of Appeals after U.S. District Court Judge… Continue Reading

Federal courts are slowly reviewing state ‘ag-gag’ laws

At this point, you would need a large barn yard just to hold all the attorneys who are involved and waiting for a decision by a federal judge on Utah’s ag-gag law. U.S. District Court Judge Robert J. Shelby for the District of Utah has had the issue on his docket since July 22, 2013…. Continue Reading

2015’s Nice List From Your Friends at Food Safety News

Opinion

On this Christmas morning, we are pleased to announce that there are children who were Nice to food safety this year. We know they are among those who found presents under their tree and their stockings filled with goodies. Let’s begin looking at who they are: Michael R. Taylor, the deputy commissioner of foods at… Continue Reading

Idaho Appeals Federal Court Decision Overturning States’s Ag-Gag Law

Idaho Attorney General Lawrence Wasden has asked the U.S. Court of Appeals for the Ninth Circuit in San Francisco to review a lower federal court’s opinion that the Gem State’s new “ag-gag” law is unconstitutional. Wasden filed a notice of appeal with the Ninth Circuit over the ruling in August by U.S. District Court Judge B…. Continue Reading