August 11, 2015

Moving Beyond The “Ag” In “Ag-Gag” — The Next Wave Of Anti-Whistleblower Legislation?

By Molly Knobler and Gordon Schnell (published in Huffington Post)

Under the mighty Ag-Gag umbrella, what goes on inside the factory farm stays in the factory farm.  No matter the abuse or misconduct.  There has been success in some states in shutting down this anti-whistleblower charge.  In fact, just this week a federal judge struck down Idaho’s Ag-Gag law as unconstitutional under the free speech and equal protection clauses.  See Will Idaho Be the End of Ag-Gag?  

 But while Idaho and other states seem to be on the path to redemption (at least for now), some states appear to be moving in the exact opposite direction. They are trying to expand this once targeted anti-whistleblower crusade well beyond the confines of factory farms and animal welfare to include whistleblowers and misconduct in a much broader sphere of commercial activity.  For two states in particular, that is clearly what they are hoping to accomplish with a new round of legislation that seemingly removes the “ag” from the “ag-gag” model to effect a much more expansive anti-whistleblower sweep.  Click here for full story.

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