Iowa Citizens for Community Improvement (CCI) and FarmSTAND argued today that the U.S. Court of Appeals for the Eighth Circuit should reverse a lower court decision and protect the organization’s free speech rights.
Attorneys told the court Iowa’s most recent “Ag-Gag” law violates the First Amendment and impedes Iowa’s CCI’s right to protest and document those protests, including protests related to factory farms. FarmSTAND is representing Iowa CCI in the case.
“Ag Gag laws are designed to silence everyday people who exercise free speech rights to stand up for what’s right and fight back against factory farms and the damage they cause,” said Hugh Epsey, member and former executive director of Iowa CCI. “The Farm Bureau has always been at the forefront—pushing for these laws, not only in Iowa, but across the country. Iowa CCI members are fearless truthtellers who will not be silenced. We’ll keep fighting the good fight for family farm agriculture, rural communities and our environment nonstop—there is too much at stake.”
Big ag has pushed Ag-Gag legislation generally in an effort to shield the public from seeing the conditions under which their food is being made, and in the case of Iowa’s latest law to stifle protest. In October 2022, the U.S. District Court for the Southern District of Iowa ruled the law unconstitutional because it violated the First Amendment.
That decision was reversed in January 2024 by the U.S. Court of Appeals for the Eighth Circuit, which held that there are some instances in which restrictions on recording on private property are constitutional. It was sent back to the trial court, which granted Iowa’s motion to dismiss the lawsuit. FarmSTAND and Iowa CCI appealed that decision, leading to today’s oral arguments.
“We made it clear to the Eighth Circuit panel today that Iowa’s latest ag-gag law violates the First Amendment, and we are hopeful the court will reverse the trial court’s decision to dismiss Iowa CCI’s legal challenge,” said David Muraskin, Managing Director for Litigation for FarmSTAND and counsel for Iowa CCI.