Statute Outlawing Undercover Investigations Is Unconstitutional
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Eighth Circuit in ALDF v. Reynolds. This case concerns the Iowa “ag-gag” statute, which criminalizes “agricultural production facility fraud” – gaining access to a facility under false pretenses to report on health and safety conditions there. The district court granted summary judgment for the plaintiffs, holding that the statute is a content-based restriction on speech that cannot satisfy either strict or intermediate scrutiny. The brief concurs with the district court and argues that the statute is subject to strict scrutiny. The brief also argues (among other points) that the conspiracy provision of the statute creates potential liability for journalists working with sources.