Idaho Law Against Recording Abuses On Factory Farms Ruled Unconstitutional
onproton writes: An Idaho law that made it illegal to record and document animal abuse or dangerous hygienic practices in agricultural facilities, often referred to as an 'ag-gag' law, was ruled unconstitutional by a federal judge on Monday. The judge concluded that the law restricted constitutionally protected free speech, and contradicted "long-established defamation and whistleblowing statutes by punishing employees for publishing true and accurate recordings on matters of public concern." Idaho is just one of several states to pass this type of law, which allow food production facilities to censor some unfavorable forms of speech at their convenience. Under the Idaho statute, an employee that witnessed and recorded an incident, even if it depicted true and life-threatening health or safety violations, could be faced with a year in jail and fines of up to "twice the economic loss the owner suffers." In his ruling (PDF), the judge stated that this was "precisely the type of speech the First Amendment was designed to protect." This decision has raised questions about the constitutionality of these types of laws in other states as well, and it's likely that there will be more legal battles ahead.
Except, it doesn't apply. This case is about videos that are shown to be about factual events that are displayed in a truthful format that are both covered under the 1st amendment and would likely also be protected under whistleblower laws. The "abortion tissue" videos aren't covered under either. The 1st amendment does not protect you in cases of libel, slander or creating a public danger and whistleblower laws do not cover non-employees in most cases. The supposed Planned Parenthood videos were blocked by a court of law as they were found to be, at best, a carefully edited mischaracterization of a meeting where what was likely a completely legal conversation was warped into an apparent conversation about an illegal act or, at worst, a complete fabrication created by paid actors to switfboat Planned Parenthood during an election year. Either apparent version of events would put the video clearly in the category of libel and therefore, not protected speech by law. Though we do not know all the facts in the case yet, the judge found enough evidence that the video was libelous to put an injunction against further release until it can be investigated fully.
"Be particularly skeptical when presented with evidence confirming what you already believe." -
but how is this news for nerds?
It involves technology & free speech. How isn't it news for nerds?
Taking guns away from the 99% gives the 1% 100% of the power.
I woke up today to hear on the news how Germany has effectively outlawed Keynesian economics in those countries that were suckered into the Euro currency union (the Right in the UK were absolutely right to avoid joining the monetary union. It's a shame they get so much else wrong).
On the elevator I saw a news blurb on how Hedge funds are demanding that Puerto Rico close their schools to pay back debts (rather than take a haircut on their risky investments that earned them well over market interest rates for years. Hint: you get that interest rate because your return is risky, not guaranteed).
And of course there's the endless snowden leaks that make Security Systems look benign, and the ridiculously skewed anti-abortion propaganda that may bring down one of the most important institutions for women's health, and so on and so on.
It really does feel like the world of Channel 23, and wondering how soon they will ban the off switch (rhetorical shots across the bow are already being made, with talk of ad blockers "violating copyright". How soon until turning off your TV is the same?)
Finally, after years of giving corporations and the rich unfettered leeway to buy elections, exploit the poor and middle class (and now, more and more, the upper-middle class), we get a judicial ruling in favor of people over corporations. Of course, our downward death spiral will no doubt resume shortly, but in the meantime it is a breath of fresh air to see sanity in our courts for once.
The Future of Human Evolution: Autonomy
Really? How about "you shall not murder?"
Okay, I'll bite. What does "murder" mean? Is it "murder" when I cut my toenails? Is it "murder" when a woman refuses sex? Is it "murder" when a condom is used? Is it "murder" when a fertilized egg fails to attach to the uterine wall? Is it "murder" when a raped woman terminates her pregancy? Is it "murder" when a badly mutated fetus is terminated?
Is it "murder" when young children are denied food and shelter and education, they have no opportunity for the fine trappings of your privileged life, and they end up dead at 14 or 16 at the hands of the police?
What, like war? Or tax cuts for the rich? Or the right to say god hates fags via charitable status and donations? Or the enforcement of copyright laws bought and paid for by industry? How about treaties which are also for the benefit of corporations instead of taxpayers?
Or is it only the stuff you object to you think is tyrannical you wish would stop?
Lost at C:>. Found at C.
"WHY castration of males is better for the animals and the humans who work with them"
Damn... I didn't realize work in that industry was so hard. You guys have my sympathy.