Animal Legal Defense Fund v. Wasden and Newsgathering: More Significant Than It Appears

Communications Lawyer, 2018

2 Pages Posted: 13 Feb 2020

Date Written: January 1, 2018

Abstract

In a decision released in January 2018, Animal Legal Defense Fund v. Wasden, the Ninth Circuit held portions of Idaho’s so-called “ag-gag” statute — a law designed to thwart undercover investigation of the agricultural industry — unconstitutional under the First Amendment. Among other things, the court invalidated a provision of the statute criminalizing the making of audio and video recordings without the consent of a facility’s owner. Wasden’s implications are significant, and not confined to the ag-gag context. The decision appears to mark the first time a federal circuit has extended constitutional protection to core newsgathering activities beyond recording police activity in public and could portend a serious reshaping of First Amendment newsgathering jurisprudence.

Suggested Citation

Sumar, Al-Amyn, Animal Legal Defense Fund v. Wasden and Newsgathering: More Significant Than It Appears (January 1, 2018). Communications Lawyer, 2018 , Available at SSRN: https://ssrn.com/abstract=3532094

Al-Amyn Sumar (Contact Author)

Ballard Spahr LLP ( email )

1909 K Street, NW
12th Floor
Washington, DC 20006
United States

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