Recording events from public land shouldnât be a crime.
Yet when a woman in Utah, standing by a public road, filmed farmworkers pushing a cow with a bulldozer, the farmer told her, âYou cannot videotape my property.â
Soon the police came and local prosecutors charged her with âagricultural operation interference.â They dropped the charges several months later since she was on public land.
But what if sheâd posed as a farmworker, got a job on the farm and then secretly recorded what she saw? Increasingly, activists do that. More than a hundred such undercover investigations have been done. They then distribute video that sometimes shows animals being cruelly abused.
Farmers are now asking politicians to outlaw such recordings, and several state legislatures have obliged. Theyâve passed âag-gagâ laws â bans on sneaking onto farms to secretly record what they see.
Kay Johnson Smith of the Animal Agriculture Alliance supports such laws, though she doesnât use the term âag-gag.â
âWe call it âfarm protection,ââ she told me. âActivists stalk farms to try to capture something that the public doesnât understand. The agricultural community is the only business where this sort of tactic is really being used.â
Smith says the activistsâ real agenda is not just preventing cruelty to animals: âThese activist groups want to eliminate all of animal agriculture.â
I believe her. Many activists are animal rights extremists.
But I also worry that laws like ag-gag rules will stop people from revealing abuses. Iâm an investigative reporter. I canât do my job well if laws prevent me from showing the abuse. Audiences often wonât believe what I report if they canât see it for themselves.
Videos made by the group Mercy for Animals have led to criminal charges. Some of their investigations led Walmart to create new purchasing policies.
The Animal Legal Defense Fund claims ag-gag laws violate the First Amendment. Theyâve succeeded in getting several statesâ ag-gag laws struck down.
When Iowaâs law was ruled unconstitutional, legislators simply replaced it with a narrower law that forbids activists to lie to get access to farms.
The activists argue that because farms lie about their practices, the only way to reveal the truth is to lie to get onto farms.
Activists simply âwant to ensure that the American public knows how these foods are processed, what happens to animals,â says Animal Legal Defense Fund lawyer Amanda Howell.
âYouâve got tens of thousands of animals in warehouses standing on concrete floors never seeing the light of day. ⦠If that affects peopleâs purchasing decisions, then thereâs a reason for it,â says Howell.
âThey want to make their movie ⦠their sensational video,â retorts Smith. âIf they really cared about animals, they would stop it right then! Instead, they go weeks and months without reporting anything to the farm owners.â
Activists say long-term investigations are necessary because otherwise âa company can say this is a one-off,â says Howell. Long-term investigations âshow thatâs something that happens every day.â
I took that argument to Smith.
âWhat they really want is to stop people from eating meat, milk and eggs,â she said. âThere are bad apples in every industry, (but) 99.9% of farmers in America, they do the right thing every single day. Farming isnât always pretty.â
I asked Howell if she and her group do want to end all consumption of meat and eggs. Itâs funny watching her response. She never gives a straight answer.
But her evasions bother me less than corporations using politicians to censor their critics.
Whatever you think of the activists, â and I have problems with many of them â government shouldnât pass special laws that prevent people from revealing whatâs true.