The Eighth Circuit Court of Appeals has reactivated the law passed by the Iowa legislature restricting the use of video and audio recordings obtained by illegal intrusion on to farms.  In September 2022, a Federal court ruled that the law was unconstitutional as it violated First Amendment speech protection.  A second component of the ruling related to false statements to obtain employment on farms for the purposes of making video recordings to be used by welfare organizations.  The Court ruled that this was a permitted restriction since it recognized intentional false speech noting the “importance of balancing free speech concerns with the need to regulate deceptive practices that could lead to harm in the context of agricultural facilities”.    

Given the zeal and the extensive legal resources of animal activist groups, it is possible that the Eighth Circuit decision may be appealed to SCOTUS.  During late 2023, this Court denied certiorari to a petition relating to the North Carolina Ag Gag law that had been ruled as unconstitutional.  The outcome of the Iowa, North Carolina and Kansas appeals should guide legislators in carefully wording laws that provide protection to the livestock community but do not infringe on First Amendment rights to free speech, however interpreted by jurists.