Conference: “The Agricultural Gag Laws–Your First Amendment Rights, Your Health, Animal Welfare, and Our Environment”

David Cassuto

From the email — what looks like an excellent conference:

The Connecticut Bar Association’s Animal Law Section and Yale Law

School’s Student Animal Legal Defense Fund are partnering to offer an

exciting conference on September 27th on “The Agricultural Gag

Laws–Your First Amendment Rights, Your Health, Animal Welfare, and Our

Environment. Speakers will include:  Amanda Hitt, Director of the Food

Integrity Campaign at the Government Accountability Project; Matthew

Liebman, Senior Attorney of the Animal Legal Defense Fund’s Litigation

Program; Alicia Wagner Calzada, Esq., past president of the National

Press Photographers’ Association and current Chair of the Advocacy

Committee for NPPA; Wayne Pacelle, CEO of the Humane Society of the

United States; Taylor Radig, Social Justice/Animal Rights Activist; and

Paige Tomaselli, Senior Attorney for the Center for Food Safety. 

For more information and to register please go to www.ctbar.org, click

on  “Calendar” then on “Meetings/Events” and scroll down to September

27, 2014.

We look forward to seeing you at this very timely conference.

Thank you,

Suzan Porto, Co-Chair,

on behalf of the Animal Law Section and Yale Law School’s Student Animal

Legal Defense Fund

Pace Environmental Law Review Special Issue on Animal Law

David Cassuto

I am delighted to announce that The Pace Environmental Law Review has published an issue dedicated exclusively to animal law.  It is the first Environmental Law Review to do so and its publication marks a tremendous step forward for both disciplines.  The articles are available for download via Digital Commons.  The Table of Contents is below.   Continue reading

When Can an Animal be Seized as Evidence?

horses in pasture

Seth Victor

A provocative case came out of the Oregon Supreme Court two weeks ago addressing a warrantless seizure of a horse that was used to convict the defendants of animal abuse. As Animal Legal Defense Fund (ALDF) reports, in the consolidated cases of State v. Fessenden and State v. Dicke, the court held that an officer was acting in accordance with the exceptions to the warrant requirements when he observed a starving horse on defendants’ property and took the horse to a veterinarian for emergency medical attention. The defendants were later charged with animal abuse, but they contended that the seizure of the horse was in violation of their right to privacy, and as it was a warrantless seizure, the evidence (the horse) had to be suppressed.

Continue reading

On Eating Your Pets

Seth Victor

dog sandwich

An article caught my eye this morning about a man in New Mexico who was charged with a felony for extreme cruelty against a dog. The man allegedly stabbed his girlfriend’s dog in the heart, and then marinated the remains of the animal in preparation to cook it. While animal cruelty is a crime in New Mexico, eating dogs or cats is not, and if the defendant is successful in showing he did not act cruelly, there is no consequence for killing a companion animal for food.

These types of cases crop up every once in a while, often accompanied by outrage from some segments of the population over the wanton nature of the act. As always, since the law codifies our social voice, some states have put laws in place to discourage this kind of behavior. In New York, for example, one may not ” slaughter or butcher domesticated dog or domesticated cat  to create food, meat or meat products for human or animal consumption.”

Continue reading

Animal Law: A World Phenomenon!

Joyce Tischler (x-post from ALDF Founder’s Blog)

The Second Global Animal Law Conference has just concluded in Barcelona, Spain, and I was honored to represent the Animal Legal Defense Fund (“ALDF”), one of the main sponsors of this historic event. I spoke to the audience about how successful social movements use three interdependent approaches: litigation, legislation and public outreach (education), and how animal protection litigation is creating broad-based changes in the U.S., as well as in other countries.

spain-CC-vgm8383-article-image-500px

This was a truly international gathering, bringing together participants from China, Japan, Australia, South Africa, Nigeria, Finland, Switzerland, Portugal, England, Spain, France, Germany, U.S., Canada, Brazil, Kazakhstan, Hong Kong, Dubai, Italy, Austria, Argentina, and several other nations.

The major themes rising to the surface were that almost every country’s laws are based on the concept that animals are “things” and resources to be used at-will by humans. This fosters the mass amount of suffering that the law does little or nothing to stop. No jurisdiction anywhere in the world currently deals adequately with the basic problems faced by animals. Not surprisingly, the industries that exploit animals are in control of the laws, the codes, the regulations—or lack thereof—and they are always looking for ways to silence their critics. Interestingly, ag-gag, addressed by law professor and ALDF board member, David Cassuto, was a topic of great interest to this international audience. Continue reading

5th Circuit Upholds Ban on Crush Videos

Seth Victor

Four years ago the US Supreme Court overruled Congress’s attempt to regulate “crush videos,” stating that the law was an impermissible, over-broad regulation of free speech. For more analysis of the decision, see here. Though the decision was distressing, it did not herald an end of attempts to regulate that particular form of animal cruelty; Congress quickly passed an amended version of the law, one that has yet to be tested before the Supreme Court.

Last week the 5th Circuit Court of Appeals reinstated criminal charges in the case of US v. Richards for video of animals being tortured to death by a suggestively dressed woman, holding that images of animals killed for sexual gratification are not protected forms of speech, and are in fact “obscene.” Obscenity is the key to the law; obscene speech does not have the same protections as common speech, and can be regulated. Additionally, the 5th Circuit rejected an argument that the law is unconstitutional because it unfairly targets a narrow type of obscenity (here, animal cruelty), holding that particular categories of obscenity may be targeted based on their socially harmful secondary effects.

This is the first legal test of the amended law, and animal advocates have to be happy with the direction the case took at the appellate level. The court held that the law does serve a “significant interest” of preventing violence against animals, and is “reasonably tailored” to meet that interest. The 2010 version does not apply to the slaughter of animals for food, hunting, or agricultural husbandry practices, which helped it survive the “over-broad” challenge. If the Supreme Court ends up granting certiorari (it’s unclear at this point if the defendants will push it that far), it will be very interesting to see how the 5th Circuit decision holds up against US v. Stevens.

 

 

 

 

“Wildleaks”– A New Way to Combat Poaching and Other Environmental Crimes

Rafael Wolff

victim-of-elephant-poachingThe risks of environmental crime to nature are well known. Greed for profits that can exceed $10-20bn a year according to Interpol” are a menace to species as elephants, rhinos and tigers, for example. The seriousness of these crimes against wildlife, as well as the connections of environmental crimes with terrorism and, as exposed by the Department of States this week, human trafficking, justify all the concerns about them.

One of the best ways to combat environmental crimes is to help the authorities. However, few people know that it is possible to do so Continue reading

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