Back in September 2003, the American Legislative Exchange Council (ALEC) released a piece of model legislation it called the Animal and Ecological Terrorism Act. Like so many bills drafted by the free-market think tank, AETA was handed over, ready made, to legislators with the idea that it could be introduced in statehouses across the country with minimal modification. Under the measure, it would become a felony (if damages exceed $500) to enter "an animal or research facility to take pictures by photograph, video camera, or other means," and, in a flush of Patriot Act-era overreaching, those convicted of making such recordings would also be placed on a permanent "terrorist registry."The whole concept is stupid. If you criminalize recording what is happening on your farm, you necessarily look like you have something to hide. Honestly, I don't think I would want anybody filming me on a bad day, but you can't make recording actual events a more serious crime than what the person is recording. This is one law which is just idiotic.
After a few years on the shelf, ALEC's pet project found new life when radical groups like the Animal Liberation Front and the Earth Liberation Front destroyed testing labs and torched SUVs, prompting FBI deputy director John Lewis to say in 2005 that "the No. 1 domestic terrorism threat is the ecoterrorism, animal-rights movement." The bill was overhauled—modifying the ban on shooting video to "damaging or interfering with the operations of an animal enterprise" and eliminating the section on creating a terrorism watch list. This defanged version, renamed the Animal Enterprise Terrorism Act, was repackaged to congressional leaders as a needed revision of existing laws protecting medical research from unlawful interference. Though it wouldn't become apparent until much later, it was the beginning of lobbyists and lawmakers conflating radical ALF-type incidents with the undercover work done by PETA and journalists. The bill sailed through the Senate by unanimous consent, and in the House encountered resistance only from Rep. Dennis Kucinich (D-Ohio). Kucinich warned it would "have a chilling effect on the exercise of the constitutional rights of protest," before a voice vote on the bill allowed it to be ushered through.
Thursday, June 20, 2013
The Origin of a Terrible Idea
Mother Jones looks at ag-gag laws:
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