Iowa Makes it a Crime to Reveal the Truth

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updated Jul 02, 2012

By Author - LawCrossing

As a Republican with strong ties to the state’s agricultural industry, Branstad readily signed House File 589, also known as the “ag gag”. It’s fair to note that Iowa is the nation’s leading pork and egg producer and Branstad obviously aims to promote that industry and encourage profits for his state. However, one would also expect him to demonstrate a level of concern for farm employees, animal welfare, and the environment, which are also heavily impacted by the new law.

But even beyond that, he owes the public an explanation for his decision, as it is a matter that impacts the nation as a whole. Branstad instead took the easy way out and signed the controversial measure in a private ceremony, without ever supplying the public with a statement concerning his decision.

Those who passionately fought against the law deserve more, particularly because the law has a history of controversy behind it. When it was first introduced last year, the bill criminalized the production or distribution of photographs, videos, or written materials revealing animal abuse. Seen as an infringement on First Amendment rights, the legislation was amended and reintroduced. However, many claim that the new version, which was rushed through both chambers and then sent to Branstad’s desk, still violates US Constitutional rights. Furthermore, animal rights groups assert that the bill fails to safeguard the food supply, allowing for inhumane treatment and contamination in the slaughter process.

"Iowans deserve to know where their food is coming from, they deserve to know how the animals they're consuming have been treated, they deserve to have the farms held accountable for the conditions in these facilities. He's really going against all those concerns and priorities that Iowans hold," said Suzanne McMillan, spokeswoman for the American Society for Prevention of Cruelty to Animals.

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Similar legislation has been introduced in other states, including Illinois, Indiana, Minnesota, Nebraska, New York, and Utah, but Iowa is the first state to actually sign it into law. According to Iowa’s law, anybody found guilty of misrepresenting themselves on a job application at a farm facility can face up to one year in prison and fines up to $1,500 for the first offense.

Animal rights groups claim that the bill discourages legitimate employees as well as others from revealing humane violations, unsafe working conditions, and environmental problems. Senator Joe Seng, the bill’s sponsor, however, insists that the measure serves to provide a balance. Seng, a Davenport Democrat and veterinarian, is hopeful that the bill will be “a template for the whole United States.”

However, Seng’s hopes for the entire nation are likely to be dashed by the states that demand transparency in animal agribusiness. After all, if the agriculture industry truly has nothing to hide, then undercover investigations should be a non-issue for farmers.
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