Criminalizing justice: Taping of farm cruelty is becoming the crime

The New York Times reports: On one covert video, farm workers illegally burn the ankles of Tennessee walking horses with chemicals. Another captures workers in Wyoming punching and kicking pigs and flinging piglets into the air. And at one of the country’s largest egg suppliers, a video shows hens caged alongside rotting bird corpses, while workers burn and snap off the beaks of young chicks.

Each video — all shot in the last two years by undercover animal rights activists — drew a swift response: Federal prosecutors in Tennessee charged the horse trainer and other workers, who have pleaded guilty, with violating the Horse Protection Act. Local authorities in Wyoming charged nine farm employees with cruelty to animals. And the egg supplier, which operates in Iowa and other states, lost one of its biggest customers, McDonald’s, which said the video played a part in its decision.

But a dozen or so state legislatures have had a different reaction: They proposed or enacted bills that would make it illegal to covertly videotape livestock farms, or apply for a job at one without disclosing ties to animal rights groups. They have also drafted measures to require such videos to be given to the authorities almost immediately, which activists say would thwart any meaningful undercover investigation of large factory farms.

Critics call them “Ag-Gag” bills.

Some of the legislation appears inspired by the American Legislative Exchange Council, a business advocacy group with hundreds of state representatives from farm states as members. The group creates model bills, drafted by lobbyists and lawmakers, that in the past have included such things as “stand your ground” gun laws and tighter voter identification rules.

One of the group’s model bills, “The Animal and Ecological Terrorism Act,” prohibits filming or taking pictures on livestock farms to “defame the facility or its owner.” Violators would be placed on a “terrorist registry.”

Officials from the group did not respond to a request for comment.

Animal rights activists say they have not seen legislation that would require them to register as terrorists, but they say other measures — including laws passed last year in Iowa, Utah and Missouri — make it nearly impossible to produce similar undercover exposés. Some groups say that they have curtailed activism in those states. [Continue reading…]

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