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ACLU challenges Iowa’s new ‘ag trespass’ law

The ACLU is challenging Iowa’s new ag trespass law.

The law, which went into effect in March, creates a trespass charge for anyone using deception to gain access to a farm with intent to cause physical or economic harm. But Rita Austen with ACLU Iowa says it violates the First Amendment and illegally silences whistleblowers.

“This type of harm that’s targeted and criminalized is precisely the type of economic harm and reputational impact that the First Amendment protects—exposes, protests, boycotts,” Austen says. “The way that the law singles out the agriculture industry for this special type of protection from reports or negative press about it — is unconstitutional as an impermissible content and viewpoint-based restriction.”

The new law replaced Iowa’s previous “ag gag” law, which a judge ruled unconstitutional, saying it violated free-speech rights of undercover investigators. Supporters of the new law say it is more narrowly focused than the previous one and better able to withstand a legal challenge.

Radio Iowa contributed to this story.

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