Fact Check: Is Idaho SB 1337 an Ag-Gag Law?

Mark Reinhardt- Boise Idaho

At a hearing of the Idaho State Senate Affairs Committee, closing statements were issued on a bill title SB 1337. The Bill itself would prohibit recordings at Agricultural Facilities.
Idaho SB 1337
http://legislature.idaho.gov/legislation/2014/S1337.htm

Click to access S1337.pdf

At the hearing, this is what Legislators said about the bill;

Described as an Ag-Gag Law, activist group Mercy for Animals had asked that residents of Idaho oppose the bill, citing new video released by them,

Federal Case law however, has already made it standard jurisprudence in First Amendment related cases. As the Reporters Committee for Freedom of the Press writes;
Journalists who lie on employment applications to gain access to private facilities for newsgathering activities are not protected by the First Amendment and may be liable for trespass or other offenses, a federal appellate court ruled more than a dozen years ago in a ruling that remains the leading case on the issue. – See more at: http://rcfp.org/browse-media-law-resources/news-media-law/news-media-and-law-spring-2012/landmark-food-lion-case#sthash.YWzfOCmf.dpuf

The RCFP further writes of the 4th Circuits decision;
The Fourth Circuit in Food Lion, Inc. v. Capital Cities/ABC, Inc. rejected the fraud damages because it found that the grocery chain failed to prove it suffered any injury as a result of its reliance on the misrepresentations the producers made on their job applications. – See more at: http://rcfp.org/browse-media-law-resources/news-media-law/news-media-and-law-spring-2012/landmark-food-lion-case#sthash.YWzfOCmf.dpuf

SB 1337 has been reported to have left committee with a Due Pass recommendation and is currently awaiting second reading.

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