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.
Next Step
Awaiting court's decision
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 how farmed animals are raised and most state cruelty laws exempt standard agricultural practices.
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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Court Rules Kansas Ag-Gag Law Unconstitutional
Animal Legal Defense Fund-led coalition wins major victory for animal protection, food and worker safety, and the First AmendmentJanuary 22, 2020 Press Release -
Winter Weather Advisory: Keep Animals Safe and Warm This Winter
Tips from the Animal Legal Defense Fund.January 21, 2020 Press Release -
Lawsuit Seeks to Protect Pigs from Cruel High-Speed Slaughter
The Animal Legal Defense Fund filed a lawsuit against the U.S. Department of Agriculture (USDA) for issuing a final rule allowing pig slaughterhouses nationwide to police themselves and kill pigs at very high line speeds.January 13, 2020 News
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Challenging Utah’s Ag-Gag Law
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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.