Challenging Kansas’s Ag-Gag Law
Animal Legal Defense Fund et. al. v. Kelly et. al.
The Animal Legal Defense Fund filed a lawsuit in Kansas challenging the constitutionality of the state’s Ag-Gag law, which makes it a crime to document animal cruelty at factory farms and slaughterhouses.
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On December 5, 2018, The Animal Legal Defense Fund — with the Center for Food Safety, Public Justice, and Kansas-area farmed animal organizations, Shy 38, Inc., and Hope Sanctuary — filed a lawsuit in Kansas challenging the constitutionality of the state’s Ag-Gag law, which makes it a crime to document animal cruelty at factory farms and slaughterhouses.
Who is being sued, why, and under what law? The lawsuit was brought against Kansas’s governor and attorney general, on the grounds that the Ag-Gag law violates the First Amendment to the U.S. Constitution. Enacted in 1990, the Kansas Ag-Gag law is the oldest such law in the United States, and has deterred undercover investigations at animal facilities, including factory farms, for nearly three decades.
What court is the lawsuit filed in? The United States District Court for the District of Kansas.
No federal laws govern the condition in which farmed animals are raised and most state anti-cruelty laws exempt farmed animals.
Why this case is important: Kansas is a major producer of cows, pigs, and other animals raised for human consumption. Virtually all of these animals are raised in inhumane Confined Animal Feeding Operations (CAFO), also known as factory farms, where animals undergo routine mutilations and intensive confinement before they are trucked to slaughter.
Kansas’s Ag-Gag law has prevented whistleblowers from investigating the cruel conditions that millions of animals endure. Recent undercover investigations at animal agriculture facilities outside Kansas have uncovered abusive and illegal treatment of animals, as well as violations of laws intended to protect the safety of workers and the general public.
The Animal Legal Defense Fund led coalitions that successfully struck down significant parts of Ag-Gag laws in Utah and Idaho. We continue to challenge Ag-Gag laws in the states where they are still in effect.
Stop Ag-Gag Laws
Undercover investigations and whistleblowers have exposed some of the worst aspects of factory farming, but Ag-Gag laws punish people who speak out about cruelty in animal agriculture. Voice your opposition.
Recent News
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Animal Legal Defense Fund Lawsuit Shuts Down Florida Backyard Slaughter Operations
Court rules slaughter operations violate state animal cruelty and slaughter laws.August 26, 2019 Press Release -
Lawsuit Challenges Constitutionality of Arkansas Ag-Gag Law
Advocates for animals, free speech and the environment take on secrecy at factory farms following victories in Utah, Idaho, Wyoming and IowaJune 25, 2019 Press Release -
Texas – Urge Texas House of Representatives to Oppose Ag-Gag Bill
A dangerous bill, SB 1884, aimed at stopping whistleblowers from exposing animal cruelty is moving quickly through the Texas legislature. This bill has already passed the Texas Senate – your voice is urgently needed to prevent it from becoming law.
Related Cases
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Challenging Idaho’s Ag-Gag Law
Animal Legal Defense Fund v. C. L. “Butch” Otter
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Challenging Iowa’s Ag-Gag Law
Animal Legal Defense Fund v. Kimberly K. Reynolds
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Challenging Utah’s Ag-Gag Law
Animal Legal Defense Fund v. Gary Herbert
Looking for case and legal resources? View Resources
See MoreStop Ag-Gag Laws
Undercover investigations and whistleblowers have exposed some of the worst aspects of factory farming, but Ag-Gag laws punish people who speak out about cruelty in animal agriculture. Voice your opposition.