U.S. Supreme Court Declines to Review North Carolina Ag-Gag Law

Denial upholds lower court's decision affirming constitutionality of undercover investigations and whistleblowing

October 18, 2023

On October 16, 2023, the U.S. Supreme Court declined to review a lower court’s decision regarding North Carolina’s Ag-Gag law — a statute that has restricted the plaintiffs, a coalition of public interest groups including the Animal Legal Defense Fund, from conducting undercover investigations by allowing employers and property owners to sue undercover investigators seeking to expose unethical or illegal activities in the workplace. In February 2023, the U.S. Court of Appeals for the Fourth Circuit handed an important win to plaintiffs in a lawsuit challenging North Carolina’s “Anti-Sunshine” law when it ruled that undercover investigations and whistleblowing are considered newsgathering activities protected by the First Amendment.

Although similar to Ag-Gag laws challenged around the country, the state’s law extends beyond animal agriculture facilities and penalizes undercover investigations in settings such as daycare centers and nursing homes.