Judge rules Utah law banning undercover farm filming is unconstitutional

Re:Judge rules Utah law banning undercover farm filming is u... by paulddraper on Saturday July 08, 2017 @02:19PM (#14726534)

I'm a Utahn, have lived next to several farms/butcher operations, and have slaughtered my own animals.

I don't understand how trespassing on other people's property could be anything but illegal.

Yes, yes, I've heard the retoric that the industry has bad guys and bad guys don't have rights. (So stop using encryption all you bad people!)

But that can't be the real reason, right? The KSL article is pretty brief. Anyone know the reason it was ruled that trespassing isn't trespassing if it's on a farm?

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Re:Judge rules Utah law banning undercover farm filming is u... by bediger4000 on Saturday July 08, 2017 @02:33PM (#14726588)

Trespassing is illegal. I don't think that's what the judge ruled on. If someone trespasses, they should be penalized for trespassing.

Ag-gag laws are usually pretty different - they basically constitute prior constraint of free speech.

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Re:Judge rules Utah law banning undercover farm filming is u... by paulddraper on Saturday July 08, 2017 @02:46PM (#14726654)

> The Utah Legislature approved a bill in 2012 that made it a class B misdemeanor to trespass on private livestock or poultry operations and record sound or images without the owner's permission. It also prohibited seeking employment with the intent of making those recordings. Leaving a recording device for that purpose was a class A misdemeanor. The law did not criminalize the possession or distribution of unlawful recordings, but focused on trespassing and filming while on the property, according to the state.

Ah. So I infer "trespass on private livestock or poultry operations" is still illegal, but the other formely prohibited actions are now okay.

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