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Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

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11–20 of 157 posts

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#11
post #8

As an Idaho resident, I'm very grateful that this was struck down. It's a terrible idea. Too bad Butch (governor) can't tell the difference between right and wrong when his corporate sponsors are involved (which is always).

Maybe if you guys elected that biker who debated in a leather jacket things would have been different. Or at least more interesting. ;)

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#12
post #7

Earlier quoted context omitted.

The judge ruled it unconstitutional. I don't believe that even the TPP can override such a ruling (assuming it is not ultimately overturned by a higher court).

Under these treaties it doesn't matter if a law is based on the constitution or not. If the trade courts rule that a country's law violates the treaty the country will be punished via trade protectionisms such as quotas or import taxes.

"Quotas". In English, we use a plain S to denote a plural.

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#13
post #2

What happens when a treaty such as the TPP or TTIP says that you can jail people for investigating animal abuse? I assume this kind of ruling would be irrelevant then?

This is an interesting question. But do you have any source for the proposition that TPP or TTIP actually says this?

There is plenty of stuff in these treaties that I don't like, but this particular claim does not strike me as very plausible. But I could be wrong!

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#14
post #5

> The recent passage of North Carolina’s sweeping ag-gag laws, which is so broad it includes those who expose abuse at daycares and nursing homes, clearly cannot withstand scrutiny, either. Trying to start a poultry farm here can quickly lead to modern-day indentured servitude with punishments for trying to find recourse. John Oliver's "Chickens" [0] documents this well. Extending the ag-gag law beyond animals to chi…

>Extending the ag-gag law beyond animals to children and elderly sickens me, but is not surprising considering the state legislature's high level of what I consider traditional conservatism (think Old South).

yep, in Grand Scheme of Things it is just typical reaction of conservatives to progress (in this case to 2 specific pieces of progress - in technology and in moral - ubiquitous cameras and increased empathy toward and recognition of at least some animal rights). While such reaction is ultimately doomed, in the [pretty long] meantime it will serve as a significant drag on the progress and cause a lot loss and suffering, to the society as whole, to individual people and animals affected.

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#15
post #8

As an Idaho resident, I'm very grateful that this was struck down. It's a terrible idea. Too bad Butch (governor) can't tell the difference between right and wrong when his corporate sponsors are involved (which is always).

Maybe if you guys elected that biker who debated in a leather jacket things would have been different. Or at least more interesting. ;)

Hah! That guy stole my heart with his comments on accepting gay marriage.

https://www.youtube.com/watch?v=MYntFCsukNk (really gets going at 0:40)

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#16
post #2

What happens when a treaty such as the TPP or TTIP says that you can jail people for investigating animal abuse? I assume this kind of ruling would be irrelevant then?

The judge ruled it unconstitutional. I don't believe that even the TPP can override such a ruling (assuming it is not ultimately overturned by a higher court).

Treaties actually become the 'supreme law of the land' but where and how they can override other things is a bit murky. I don't think they'll exactly let them sign away Consitutional rights via treaty, but sometimes I wonder. Anyhow, there's a good review of the (complicated) subject here: http://harvardlawreview.org/2014/01/limits-on-the-treaty-pow...

Honestly, I would think it more likely that private contracts, particularly NDAs, would be used to prevent undercover investigations. You can (more or less) sign away your First Amendment rights, after all.

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#17
post #7

Earlier quoted context omitted.

The judge ruled it unconstitutional. I don't believe that even the TPP can override such a ruling (assuming it is not ultimately overturned by a higher court).

Under these treaties it doesn't matter if a law is based on the constitution or not. If the trade courts rule that a country's law violates the treaty the country will be punished via trade protectionisms such as quotas or import taxes.

Actually, it does. The Supreme Court has held that all "acts of Congress" must be in accordance with the Constitution. Ratifying a treaty is an act of Congress. Thus, if Congress ratifies a treaty that imposes requirements on the US that violate the US Constitution, the court can hold that ratification to be invalid.

Thus far, no actual treaty has ever been invalidated; the closest is an executive agreement in Reid v. Covert: https://en.wikipedia.org/wiki/Reid_v._Covert

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#18
post #8

As an Idaho resident, I'm very grateful that this was struck down. It's a terrible idea. Too bad Butch (governor) can't tell the difference between right and wrong when his corporate sponsors are involved (which is always).

Maybe if you guys elected that biker who debated in a leather jacket things would have been different. Or at least more interesting. ;)

Wait, you're telling me that a guy named "Butch" isn't the leather-jacket biker guy?

How can you be named "Butch" and not be a biker? Idahoans, explain yourselves!

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#19
post #18

Earlier quoted context omitted.

Maybe if you guys elected that biker who debated in a leather jacket things would have been different. Or at least more interesting. ;)

Wait, you're telling me that a guy named "Butch" isn't the leather-jacket biker guy? How can you be named "Butch" and not be a biker? Idahoans, explain yourselves!

Even better, his name is Harley (Brown)!

Re: Federal Judge Strikes Down Idaho ‘Ag-Gag Law’

#20
post #6

I was thinking about this law during the recent Planned Parenthood undercover video stuff, as in why does the food industry get more protection than medical clinics. But what I still don't understand is how any of these undercover videos are legal under regular wiretapping laws. I always thought you have to get a party's consent to record them.

> I still don't understand is how any of these undercover videos are legal

IANAL but I thought it is legal as long as one of the parties consents to the recording. I could secretly tape a conversation with you without your knowledge since I consent to it. However, the police would need court approval to tape our conversation since neither of us consent.

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