DES MOINES, IOWA — A ruling made by a federal court denied Iowa’s latest version of an “ag-gag” law, Iowa Code Section 727.8A, which sought protection against undercover investigations.

US District Court Chief Judge for the Southern District of Iowa Stephanie M. Rose said the law violates the First Amendment.

“It is true that the act does not prohibit the editing, publication, or distribution of recordings or photographs on trespassed property,” Rose wrote in reference to Iowa’s law. “But it restricts the capture of such recordings or photographs, rendering the remaining steps in the protected video production process impossible. The act of recording is a necessary predicate to produce this protected speech and is protected under the First Amendment.”

The law deems any intentional trespassing or surveillance an aggravated misdemeanor, which would impose a greater punishment than current consequences.

“The United States Constitution does not allow such a singling out of the exercise of a constitutional right,” Rose said. “The decision to single out this conduct is most plainly shown by Defendants’ description of the Act as ‘enhancing the penalty for conduct that is already prohibited by law.’

“That is the issue with the law—it is enhancing a criminal penalty based on the exercise of speech (or a predicate component of speech). The law does not limit its reach to specific instances of using a camera, such as a peeping tom situation. Rather, the Act only punishes a trespasser exercising a constitutional right.”

Iowa’s legislature passed the first “ag-gag” law in 2012, and in 2017 a coalition of animal welfare advocates, food safety groups and free speech proponents filed a lawsuit challenging its constitutionality. In 2019 the court sided against the law, ruling that the defendants had no evidence that the restrictions in Iowa’s ban on undercover investigations are actually to protect private property and biosecurity.

“It was never the intent of farmers to infringe on others’ constitutional rights, but we also were relying on the courts to help us protect our rights to lawfully conduct our businesses and care for our animals,” said the Iowa Pork Producers Association at the time.

In March 2022, the courts dismissed a second law as well.