The Ag-Gag Reflex: The Animal Enterprise Terrorism Act’s Impact on All of Us

Pig in a Factory Farm
On November 27, 2006, after heavy lobbying by the pharmaceutical and agricultural industries, the Animal Enterprise Terrorism Act (AETA) was signed into law. The AETA makes it a terrorist offense to engage in certain speech and activity that causes an “animal enterprise” the loss of real or personal property. (There is a dispute as to whether the term ‘loss of property’ means ‘loss of profits.’)

The authors of this designer legislation were certainly aware of its problematic reach and so included within it a ‘rule of construction.’ This ‘rule of construction’ is, in itself, a great legal construct because it means that, notwithstanding what’s actually in the law, nothing shall be construed to prohibit any conduct that is protected by the First Amendment. Continue reading “The Ag-Gag Reflex: The Animal Enterprise Terrorism Act’s Impact on All of Us”