Lawmakers in Tennessee have passed a Livestock Cruelty Protection Act and sent it on to the states governor, Bill Haslam, to sign or veto. The measure is similar to laws in at least nine states.
Haslam asked state attorney general Robert Cooper for an opinion on the acts constitutionality, and Coopers .
The law to give a copy of it to law enforcement within 48 hours, or face a misdemeanor charge and a possible fine.
Supporters of Tennessees proposed law say it will help officials fight against animal cruelty; protect public safety; and aide investigators as they try to determine when the incidents happenedand if video released by organizations or news gathers is outdated or edited.
The bill passed by a 50-43 margin in the state house, and a 22-9 margin in the state senate.
Opponents have labeled it as an Ag-Gag law and an attempt to curb the activities of animal rights groups (who are undertaking prolonged investigations) and advance the interests of livestock owners. Celebrity Carrie Underwood is among the opponents.
Attorney General Coopers was that the bill is constitutionally suspect on at least three grounds. In addition, Cooper has fears that the law could violate a persons Fifth Amendment right to protection against self-incrimination.
One of the three grounds listed by Cooper has broad implications: [the] reporting requirement could be found to constitute an unconstitutional burden on news gathering.
Cooper points out that the First Amendment protects against burdens on news gathering and while this principle has been recognized primarily in the context of the press, it has also been acknowledged that the concept of news gathering is very broad and can encompass a wide scope of activity outside what is recognized as the traditional press.
Supporters of the bills say is at the crux of their argument is that the law should protect a right to privacy.
While journalists have a right to shoot video, they also are restricted by state laws as to where they can record, especially in areas where the public doesnt normally have access.
At the end of the day its about personal property rights or the individual right to privacy, said Bill Meierling, a spokesman for he American Legislative Exchange Council, in a . You wouldnt want me coming into your home with a hidden camera.
Others argue that act poses First Amendment problems for journalists, assuming theyve obtained video under the consent and privacy laws in their states.
The First Amendment protects an independent press because the Founders understood that freedom of the press is a logical extension of the basic freedom of speech and is vital to keeping government power in check, said Knoxville News Sentinel editor J.
Freedom of the press means anyone can be the press. In this era of websites, blogs and tweets, there are no practical barriers to self-publication, either., says McElroy.
And in a USA Today editorial, Ken Paulson wonders how Upton Sinclair, the famous muckraking journalist, would deal with the laws.
But he also makes an important point about state laws already on the books that should protect livestock owners from unwanted intrusions by photographers.
State laws bar trespassing, so farm owners already have a means to keep activists off the premises. And if any videos are used to actually libel a business meaning that the video is untrue or significantly misleading there are other recourses in the courts, he says.
However, whether citizen journalists understand state privacy and consent laws is another matter.
Scott Bomboy is the editor-in-chief of the National Constitution Center.
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