Challenging North Carolina’s Ag-Gag Law
People for the Ethical Treatment of Animals v Roy Cooper - Lawsuit filed in 2016
The Animal Legal Defense Fund filed a federal lawsuit challenging the constitutionality of a North Carolina law designed to deter whistleblowers and undercover investigators from publicizing information about corporate misconduct.
Status
Next Step
Case closed
In 2016, the Animal Legal Defense Fund — with a coalition of animal protection, consumer rights, food safety, and whistleblower protection organizations — filed a federal lawsuit challenging the constitutionality of a North Carolina law designed to deter whistleblowers and undercover investigators from publicizing information about corporate misconduct.
The North Carolina law is part of a growing number of so-called “Ag-Gag laws” passed by state legislators across the country. The bills, which are pushed by lobbyists for corporate agriculture companies, are an attempt to escape scrutiny over unsafe practices and animal abuses by threatening liability for those who expose these improper and, in many cases, illegal practices.
No federal laws govern how farmed animals are raised and most state cruelty laws exempt standard agricultural practices.
Under the law, organizations and journalists who conduct undercover investigations, and individuals who expose improper or criminal conduct by North Carolina employers, are susceptible to suit and substantial damages if they make such evidence available to the public or the press.
Our lawsuit argues that the law is unconstitutional under both the U.S. and state constitution, violating the right to free speech, the right to a free press, the right to petition our government, and the Equal Protection Clause.
The case was dismissed by the district court in 2017, for lack of standing. On appeal, the United States Court of Appeals for the Fourth Circuit reversed the district court’s decision, ruling that our case can go forward.
On December 19, 2018 the Court ruled from the bench and denied the North Carolina’s motion to dismiss on all federal claims. The Court did dismiss the corresponding state constitutional claims.
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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Fourth Circuit Enjoins North Carolina Ag-Gag Law
The U.S. Court of Appeals for the Fourth Circuit handed an important win to plaintiffs in a lawsuit challenging North Carolina’s Ag-Gag law, ruling that undercover investigations and whistleblowing are considered newsgathering activities protected by the First Amendment.February 23, 2023 Press Release -
Court Rules Louisiana Label Censorship Law Unconstitutional After First Amendment Challenge from Tofurky
Meat and dairy alternatives can use common naming conventions in the state without fear of prosecutionMarch 29, 2022 Press Release -
Court Strikes Down Second Iowa Ag-Gag Law
Public interest coalition celebrates another win against unconstitutional statute barring undercover investigations at factory farmsMarch 15, 2022 Press Release
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 Kansas’s Ag-Gag Law
Animal Legal Defense Fund et. al. v. Kelly et. al.
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Challenging Iowa’s Ag-Gag Law
Animal Legal Defense Fund v. Kimberly K. Reynolds
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