We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Free-Speech Rights versus Property and Privacy Rights: "Ag-Gag" Laws and tbe Limits of Property Rights.
- Authors
DRAKE, IAN J.
- Abstract
Finally, the Wasden court held that the provision prohibiting the making of recordings in an agricultural production facility violates free-speech rights because it is "a classic example of a content-based restriction that cannot survive strict scrutiny" (Animal Le«al Defknse Fund v. Wasden 2018, 1203) Wasfien provides a mixed message on property rights versus free-speech rights. The access provided under the Wasden approach would allow a veritable right of access and ability to reveal any activity-from the activist's THE INDEPENDENT REVIEW "AG-GAG" LAWS AND THE LIMITS OF PROPERTY RIGHTS + 585 perspective-that the activist deems immoral. Free-Speech Rights versus Property and Privacy-tilghts «-Ag-Gotgp Laws and tbe Limits of Property -Rights IAN J. DRAKE eginning in the 19905, private agricultural firms, research institutions, and their political allies began seeking governmental protection from undercover investigations conducted by animal rights activists. The Ninth Circuit held that the "obtaining records" provision targeted "conduct" rather than speech and noted the legislature's legitimate interest in protecting property and privacy (Animal Legal Defense Fund v. Wasden 2018,1199-200).The court rejected the activists' equal-protection argument, noting that although the majority were convinced the legislature was expressly targeting "reporters and activists", the government also had a clear and constitutionally legitimate reason for protecting "property rights and privacy interests" (Animal Le,gal Defense Fund v. Wastlen 2018, 1201). The plaintiffs prevailed in the federal district court, with the trial court holding that the state law violated the undercover activists' speech rights.
- Subjects
FREEDOM of speech; PROPERTY rights; RIGHT of privacy; SOCIAL sciences education; LEGAL rights; JOB applications; LAW enforcement; ACADEMIC freedom
- Publication
Independent Review, 2021, Vol 25, Issue 4, p569
- ISSN
1086-1653
- Publication type
Article