Today, the U.S. Court of Appeals for the Eighth Circuit upheld, in part, the constitutionality of an Iowa law that makes it a criminal offense to obtain access to an agricultural facility by false pretenses. Animal Legal Def. Fund v. Reynolds, No. 19-1364 (8th Cir. Aug. 10, 2021). The court reversed in part a district court ruling that the law violated the First Amendment.
In light of animal activist infiltration of farms and other agricultural operations, the Iowa legislature passed a law in 2012 that made it a crime (a misdemeanor) to commit "agricultural production facility fraud." That crime could be committed in two ways: (1) by obtaining access to an agricultural production facility by false pretenses (the Access Provision); or (2) by making a false statement as part of an employment application to an agricultural production facility if the person knows the statement is false and makes it with an intent to commit an act not authorized by the owner (the Employment Provision). Iowa Code ' 717A.3A(1)(a)-(b).
This measure was characterized as an "ag gag" law by its detractors on the ground that it allegedly penalizes free speech on animal abuse issues. But it was seen by its...
