Kansas Ag-Gag Statute Chills Speech, Violates First Amendment
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Tenth Circuit in Animal Legal Defense Fund v. Kelly. ALDF and other animal rights groups brought suit against state officials to challenge the Kansas Ag-Gag Statute. The district court had held that three provisions of the Kansas Ag-Gag Statute violate the First Amendment because they are content- and viewpoint-discriminatory restrictions on speech that do not satisfy strict scrutiny. The amicus brief supports this position, and argues that the First Amendment protects the taking of photographs and the making of video and audio recordings. The brief also argues that the statute chills speech critical to newsgathering and notes the long tradition of media coverage of the agricultural industry and resulting reforms.