Court Rules That Undercover Investigations & Whistleblowers Are Protected Under The First Amendment In North Carolina’s Ag-Gag Law

Under North Carolina’s law, organizations and journalists are susceptible to lawsuits and substantial damages if they publicize evidence gathered from investigative activities such as speaking with employees, recording documents in nonpublic areas, documenting animal abuse, and performing surveillance at unsafe and unethical workplaces. Additionally, the law’s text and legislative history shows that the statute’s primary objective is to stop undercover investigations by what the legislature termed “private special-interest organizations,” specifically those focused on animal agriculture and food health and safety.

The Fourth Circuit rejected the state’s numerous claims that undercover investigations fall outside of First Amendment protections, holding that each of the challenged provisions are not just subject to the First Amendment, but are viewpoint discriminatory, as they were originally passed to suppress speech critical of businesses and employer conduct.

“Consumers have a right to know how food is produced and the Fourth Circuit Court of Appeals agrees,” Animal Legal Defense Fund‘s Managing Attorney Amanda Howell said in a statement. “The gusto in which industrial animal agriculture continues to fight to keep witnesses out of factory farms and slaughterhouses paints a disturbing image of America’s food system and creates increased urgency for transparency.”

The plaintiffs’ group consists of People for the Ethical Treatment of Animals, Center for Food Safety, Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch, Government Accountability Project, Farm Forward, and the American Society for the Prevention of Cruelty to Animals.

Ag-Gag laws wrongly criminalize exposing animal cruelty. These unconstitutional laws are deliberate attempts to hide injustice, as well as food safety, workers’ rights, and environmental violations from the American public.

People can voice their opposition to all forms of Ag-Gag laws by signing Animal Legal Defense Fund’s petition, HERE!