Though the so-called “Ag Gag” bill was killed in the waning hours of the legislative session, its proponents say the issue is not dead.
The measure was originally intended to criminalize certain activist behaviors such as animal rights advocates taking photos at farms or slaughterhouses and publishing them in an attempt to hurt the business.
Negotiations between the House and Senate yielded a compromise that greatly expanded the concept and created constitutionality concerns. While that version passed the Senate, House Speaker Brian Bosma (R-Indianapolis) halted its progress. He says he wanted the Senate to agree to an earlier House version that he was more confident would survive a legal challenge. But they didn’t, killing the bill this session.
Still, Bosma says the issue is one of the most important the legislature should study this summer.
“There’s clearly a need for protection from outside influences in regard to the ag industry. The question is the best remedy and one that doesn’t run afoul of the First Amendment.”
Hoosier Environmental Council senior policy director Tim Maloney says he’s not sure that’s possible.
“If that is their intent – to make it a very wide-ranging law that simply seeks to keep the public from knowing what’s going on at these operations – I’m not sure they can…that can pass constitutional muster.”
But Maloney says his organization is prepared to fight the battle over the issue again next session.
