Following an adverse ruling by a Federal District court, the Eighth Circuit Court of Appeals ruled in favor of the State regarding the constitutionality of the Iowa law protecting livestock producers.

Previously, animal rights’ groups including the Animal Legal Defense Fund, People for the Ethical Treatment of Animals and Iowa Citizens for Community Improvement claim that the law violated free speech and was unconstitutional.

The Eighth Circuit Court of Appeals ruled that the law was “viewpoint-based and represented a permissible restriction on intentionally false speech intended to cause harm”. In this important ruling, the Eighth Circuit balanced free speech rights with the logical necessity to prevent deceptive activities.

SCOTUS has declined to hear appeals from both North Carolina and Kansas leaving in place lower court rulings favoring plaintiffs claiming that ag gag laws infringe on free speech.  Ultimately, SCOTUS should grant certiorari and rule on the First Amendment issues relating to ag gag laws.