Woman Prosecuted For Filming Slaughterhouse From The Road In Utah; Public Backlash Leads To Quick Reversal
from the ag-gag-gagged dept
We've written a few times now about so-called ag gag laws that have been pushed by lobbyists for the farm industry for years now. The bills are pretty ridiculous, often making it illegal to videotape or photograph an agricultural operation. While many people talked about how ridiculous the prosecutions would be under those bills, supporters insisted that the bills were really only for cases where activists were doing something really egregious. In Utah, which has one of these bills, during the debate over the bill, the Utah Sentencing Commission warned that it could be used against anyone who merely photographed a farm. In response, Rep. Greg Hughes said: "Who would really pursue that in terms of prosecution?" Well, now we have an answer: the local prosecutor in Draper, Utah (which, coincidentally, appears to be the district Rep. Hughes represents.As pointed out by Mike Eber, a woman named Amy Meyer used her mobile phone camera to video tape what was happening at the Dale Smith Meatpacking Company, which she could see from the street. Dale Smith, it should be noted, also happens to be the mayor of Draper. Another coincidence, I'm sure.
When the slaughterhouse manager came outside and told her to stop, she replied that she was on the public easement and had the right to film. When police arrived, she said told them the same thing. According to the police report, the manager said she was trespassing and crossed over the barbed-wire fence, but the officer noted “there was no damage to the fence in my observation.”Of course, as soon as this story started getting publicity, prosecutors suddenly decided that perhaps this wasn't a case to take a stand on and quickly dropped the charges. Of course, the law is still on the books (as are similar laws in a number of other states) and it's entirely possible similar cases may pop up elsewhere, when there's less publicity and press coverage.
Meyer was allowed to leave. She later found out she was being prosecuted under the state’s new “ag-gag” law. This is the first prosecution in the country under one of these laws, which are designed to silence undercover investigators who expose animal welfare abuses on factory farms. The legislation is a direct response to a series of shocking investigations by groups like the Humane Society, Mercy for Animals, and Compassion Over Killing that have led to plant closures, public outrage, and criminal charges against workers.
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supporters insisted that the bills were really only for cases where activists were doing something really egregious
What would be considered egregious? Filming an agricultural activity from afar? And even if the person somewhat trespass the property limits aren't there laws to deal with that already? What if I use telescopic lens to take pictures from afar?
I know the Constitution means shit to most politicians nowadays but couldn't this law be challenged on Constitutional grounds?
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I'm sure it could. But not by this woman, since the charges were dropped. And according to the article, that was the first prosecution in the country under one of those laws. So it might be tricky finding someone with standing to sue.
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Because laws can only be challenged by people who have actually been hurt by them. So until someone actually has their rights totally trampled, the law will go unchallenged.
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I mean, anyone who has had their speech chilled for fear of being prosecuted has been harmed, no?
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> trespassing on private land, but that doesn't
> mean you can stop someone from making speech
> or recording it.
Actually, it does. I can make whatever rules I like for my own property. If I don't want people recording while there, I can legally do that. You don't have any constitutional right to film or speak or whatever on someone else's private property. (Try attending a taping of the TONIGHT SHOW or JIMMY KIMMEL or any other kind of show with a studio audience. Not only do they prohibit recordings, they run you through metal detectors and take your phones/cameras away from you and secure them until the show is over and you leave. You don't like it? You're free to not attend the show.)
The reason this case is different-- and why the charges were dropped-- is because this woman wasn't on private property when she was filming. She was on the public road, which makes all the difference in the world from a legal perspective.
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Only indirectly. If someone violates your rules, you don't have the right, for example, to confiscate their recording.
You cannot make a rule that has the force of law that says "no recording". However, you can tell the person to leave if they're breaking your house rules. If they refuse to do so, then they're trespassing and can be prosecuted for that.
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I can do what the TV shows do and confiscate all recording devices at the entrance to my property and only give them back on departure. Don't like it? Don't come on my property.
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It doesn't actually give police the ability to arrest you for filming, only for trespassing (by breaking the rules by filming).
Maybe you could make some corporate spying or wiretapping laws work?
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well...
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Re: well...
Maybe a "Fight corruption, film a farm" campaign?
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Shouldn't the plant manager face some sort of discipline for making false accusations?
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sue Google
https://maps.google.com/maps?q=Dale+Smith+Meatpacking+Company,+draper+ut&hl=en&ll=40 .524744,-111.891847&spn=0.00517,0.009366&sll=40.677514,-73.979187&sspn=0.656138,1.198883 &hq=Dale+Smith+Meatpacking+Company,&hnear=Draper,+Salt+Lake,+Utah&t=h&z=17&layer =c&cbll=40.524645,-111.891831&panoid=D9dgQ7GT8MFBhaM2PA6dUA&cbp=12,255.55,,0,0
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Re: sue Google
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Unless you can afford the really expensive ones that can take pictures from high altitude, low altitude overflight of private property is still trespassing.
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NY Police Chief Ray Kelly
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I was going to say something to that affect. They want their cake and to eat it too.
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On your mark: Let the flame wars start.
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Look for my Kickstarter coming soon for my new company Soylant Green enterprises. We can solve your personnel problems and the results are delicious.
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It's like we're roaring into the 19th century all over again.
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Secret arrest needed to avoid backlash
Perhaps some will learn a lesson from this. What lesson? Who will learn? Left as an exercise for the reader.
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Good god, yes let's prosecute whistle blowers and protect the criminals! What could go wrong?
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Good god, yes let's prosecute whistle blowers and protect the criminals! What could go wrong?
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Something needs to change. I do not want the govt prosecuting every joe blow because they did something as harmless as infringe copy'right' and this hurts the bottom line of big corporations. I want the government to criminally prosecute those at Bayer responsible for knowingly delivering aids tainted blood to others and I want these criminals to go to jail for a long time.
(Youtube search Bayer Aids Tained Blood since the link gets moderated)
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Something needs to change. I do not want the govt prosecuting every joe blow because they did something as harmless as infringe copy'right' and this hurts the bottom line of big corporations. I want the government to criminally prosecute those at Bayer responsible for knowingly delivering A i d s (sorry, moderation problems) tainted blood to others and I want these criminals to go to jail for a long time.
http://www.youtube.com/watch?v=4absF7ykstc
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No more fvcking laws!
Imagine bringing someone from 1970 into this world, how many laws would they break in the first week...? How about someone from 1930 and how many laws would they break in the first day.... how about someone from 1890? how many laws would they break in the first hour? Now we couldn't even think about any one before 1830 could we?
We have to many laws and the lawyers and politicians have run away with law making for their own purposes (and often for businesses agendas). Go back to the 6/10ths of the 10 commandments and and a few of our major laws and start from there. I would hate to think how restrictive my life will be in my old age.
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Re: No more fvcking laws!
All govt established broadcasting and cableco monopolies for commercial use or into the hands of private entities should be abolished. No one should have a govt established commercial advantage and no private entity should have a govt established media advantage. These are unconstitutional being that when the govt sets up media gateways the govt is effectively limiting and influencing (the distribution of) speech based on the discretion of those receiving these monopoly privileges. The govt has no business limiting and influencing speech and such is an unconstitutional abrogation of my rights.
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Re: No more fvcking laws!
What has happened with the wild lawgasms lawyers have gotten since 1970 or worse, the last 10 years is another matter though and there is a very good point there! There is a desperate need for deregulation on some areas and yes, many of the new laws today are a result from lobbyism and politicians protecting their "home-state interests".
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The Secret Agent
Here is the USDA job sheet:
http://www.fsis.usda.gov/Careers/How_to_Apply_Food_Inspector/index.asp
https://www.usajob s.gov/GetJob/ViewDetails/318165500
(*) One time, I was eating in McDonald's, and two people from the head office were conducting employment interviews for a manager position in the next booth, which gives you an idea how McDonald's operates. At any rate, they interviewed a candidate who was an engineering student, and then, after he had left, decided against him, on the grounds that they could not see why someone like that would want to work for them-- they didn't want someone who would quit the day he got his degree. They wanted someone who would be their slave.
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double standard is the rule
Oh, right. She doesn't work for the "mayor."
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Truth is Treason in the Kingdom of Lies
Only an evil government would make laws against truth.
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