I recently wrote an article for Progressive Cattleman Magazine discussing the recent ruling by an Idaho federal judge, which found that the state’s “ag gag” statute was unconstitutional. The statute, which prohibits interference with agricultural operations, including undercover videotaping, was held to violate both the First Amendment and the Equal Protection Clause. As the article explains, in light of this ruling, producers should review and consider their current hiring policies, training procedures, crisis response plan, and potential common law claims if an undercover video situation were to arise.
To read the full article, click here.
For those of you interested in this topic, there will be a free webinar hosted by my colleague, Paul Goeringer at the University of Maryland on November 6 at noon CST. The webinar will feature former US Supreme Court Clerk Erin Hawley and ag law specialist Ashley Newhall and will cover both the Idaho decision and tips for ag operations in light of that decision. To register, click here.