Kansas Ag-Gag Law Update

On April 8, 2021, we blogged about the 10^th Circuit oral argument in Animal Legal Defense Fund v, Kelly, the first amendment challenge to Kansas' so-called "ag-gag" law.  Animal rights groups often use deceptive tactics to obtain access to agricultural facilities, where they can document animal abuse and expose it to the public.

Agricultural producers understandably resist these efforts.  In rural states in which they have political power, they have often induced legislatures to ban such tactics.  These laws raise serious questions under the first amendment and there has been litigation in at least six states over the issue.  The circuit courts are not in agreement as to the right answer.