Ag-gag Laws Protect Property Rights

A federal appeals court recently ended two injunctions that blocked Iowa laws that prevent animal “rights” activists from using deception to gain entrance to agricultural production facilities. Activists have lied on job applications and used other deception in an effort to document alleged abuse of farm animals. The so-called “ag-gag” laws were challenged on free speech grounds. However, the real issue is property rights.

A property owner has a moral right to establish the terms and conditions upon which others can enter his property. Lying on a job application forces the property owner to allow access to those who otherwise might be denied access. This is no different than the fraudster who uses deception to attract from others. In both instances, the purpose of the deception is to motivate others to act differently than they would if they had accurate information.

A lower court had previously ruled that the “ag-gag” laws criminalized “immaterial fibs.” In 2021, a federal appeals court ruled against similar laws in Kansas, because, as one writer put it,

livestock producers are not harmed by people lying to get jobs but by their own bad actions that are documented by the activists.

Both of these rulings are based on the premise that the ends justify the means. It is legal to use lies and deception if one has allegedly noble goals. However, there is nothing noble about the goals of animal “rights” activists.

To be clear, no decent human being would advocate abusing animals. But to the activists, nearly every activity that uses animals to promote human well-being is considered abuse.

Manufacturers go to great lengths to protect their products from damage during shipping. A damaged product has diminished value. Similarly, livestock producers go to great lengths to protect their products—cattle, hogs, chickens, and other animals. Treating those animals poorly diminishes their value. Animal “rights” activists and the judges who have ruled in their favor ignore this fact.

The opponents of ag-gag laws claim that they violate free speech. In truth, ag-gag laws protect property rights.