Animal Legal Defense Fund v. Wasden, No. 15-35960 (9th Cir. 2018)Annotate this Case
Idaho's criminalization of misrepresentations to enter a production facility, Idaho Code 18-7042(1)(a), and ban on audio and video recordings of a production facility's operations, Idaho 18-7042(1)(d), covered protected speech under the First Amendment and did not survive constitutional scrutiny. The Interference with Agricultural Production law was enacted after a secretly-filmed expose of operations at an Idaho dairy farm went live on the internet and depicted dairy workers committing various acts of animal cruelty. The Ninth Circuit affirmed in part and reversed in part the district court's entry of summary judgment in favor of ALDF and vacated in part its permanent injunction against enforcement of the statute. The panel upheld the provisions that fell within constitutional parameters, but struck down those limitations that impinged on protected speech.