ELR Citation: 54 ELR 20009
No(s). 22-1830 (8th Cir. Jan 8, 2024)

The Eighth Circuit reversed a district court ruling in a challenge to Iowa's "ag gag" law that criminalizes undercover investigations at agricultural production facilities. Initially, the law prohibited the facilities from being accessed under false pretenses as well as prohibited false statements or misrepresentations being made as part of employment applications there. An appellate court concluded the prohibition on accessing a facility by false pretenses did not violate the free speech clause of the First Amendment, but the prohibition on making false statements in an application was insufficiently tailored and unconstitutional because it encompassed statements that were not material to an employment decision. A new law addressed the materiality problem in the employment provision and narrowed the scope of both provisions by adding an intent element. Nonprofit groups sought to enjoin enforcement, arguing the new law violated the First Amendment. The district court concluded the law was viewpoint-based because the intent requirements targeted speakers with negative views of agricultural facilities; it ruled that the provisions did not satisfy strict scrutiny, and enjoined officials from enforcing the law. The appellate court concluded the law was not a viewpoint-based restriction, but a permissible restriction on intentionally false speech undertaken to accomplish a legally cognizable harm. It reversed the district court ruling, vacated the injunction, and remanded for further proceedings.