This is not a substitute for legal advice.
Recently, the federal district court in Utah found that Utah’s ag-gag law violated the First Amendment of the U.S. Constitution (Animal Legal Defense Fund, 2017). Before this, the federal district court in Idaho had found Idaho’s ag-gag law to violate the U.S. Constitution (Idaho is currently appealing that decision before the 9th Circuit Court of Appeals). Although these laws potentially violate the Constitution, producers still have options. In many cases, producers can work with producer groups to conduct audits on the operation to determine that current practices are up to date. Producers can make sure employees have the proper training and tools to conduct tasks. Always conduct background checks before hiring new employees, and utilizing employment contracts and employee handbooks can help limit many of the issues that ag-gag laws are designed to address. Continue reading