Opponents of 'ag Gag' Say It Could Violate Free Speech

BREWPUBS, NOW SCHOOLS AND LIBRARIES OPINION THE SO-CALLED LIBRARIES OPINION THE SO-CALLED AG GAG BILL IS BACK AND CRITICS AG GAG BILL IS BACK AND CRITICS SAY IT HAS THE SAME PROBLEMS SAY IT HAS THE SAME PROBLEMS THAT PREVENTED LAWMAKERS FROM THAT PREVENTED LAWMAKERS FROM PASSING IT LAST SESSION. PASSING IT LAST SESSION. AS JIMMY JENKINS REPORTS SOME AS JIMMY JENKINS REPORTS SOME SAY THE MEASURE THAT'S DESIGNED SAY THE MEASURE THAT'S DESIGNED TO LIMIT TRESPASSING ON FARMS IS TO LIMIT TRESPASSING ON FARMS IS REALLY AN ATTACK ON REALLY AN ATTACK ON WHISTLEBLOWERS AND IMPEDES FREE WHISTLEBLOWERS AND IMPEDES FREE SPEECH. SPEECH. >> DAVID HARDIN OWNS ABOUT >> DAVID HARDIN OWNS ABOUT 12,000 PIGS AT HIS FARM IN 12,000 PIGS AT HIS FARM IN DANVILLE, INDIANA. DANVILLE, INDIANA. HE CALLS IT A SMALL FAMILY FARM HE CALLS IT A SMALL FAMILY FARM BUT TECHNICALLY IT IS A CONFINED BUT TECHNICALLY IT IS A CONFINED ANIMAL FEEDING OPERATION. ANIMAL FEEDING OPERATION. >> WHICH IS IN CERTAIN CIRCLES >> WHICH IS IN CERTAIN CIRCLES IS KIND OF A -- IT'S A IS KIND OF A -- IT'S A FOUR-LETTER WORD, BUT IT JUST FOUR-LETTER WORD, BUT IT JUST STRICTLY DESIGNATES HOW MANY STRICTLY DESIGNATES HOW MANY ANIMALS YOU HAVE ON YOUR FARM AT ANIMALS YOU HAVE ON YOUR FARM AT ONE TIME. ONE TIME. >> WHILE HARDIN'S LIVESTOCK IS >> WHILE HARDIN'S LIVESTOCK IS CONTAINED IN A SMALL AREA HE CONTAINED IN A SMALL AREA HE SAYS HIS PIGS ARE KEPT AT A SAYS HIS PIGS ARE KEPT AT A COMFORTABLE TEMP AND SUPPLIED COMFORTABLE TEMP AND SUPPLIED WITH FOOD AND WATER. WITH FOOD AND WATER. HARDIN SAYS THE NATURE OF HARDIN SAYS THE NATURE OF AGRICULTURE HAS CHANGED AND HE AGRICULTURE HAS CHANGED AND HE UNDERSTANDS IMAGES PEOPLE SEE OF UNDERSTANDS IMAGES PEOPLE SEE OF AN INDUSTRY OPERATION MIGHT BE AN INDUSTRY OPERATION MIGHT BE UNSETTLING. UNSETTLING. >> WHAT A LOT OF PEOPLE -- WHEN >> WHAT A LOT OF PEOPLE -- WHEN THEY THINK OF CLASSIC AMERICAN THEY THINK OF CLASSIC AMERICAN AGRICULTURE, MAYBE A NORMAN AGRICULTURE, MAYBE A NORMAN ROCKWELL PAINTED RED BARN. ROCKWELL PAINTED RED BARN. IT DOESN'T LOOK LIKE THAT TODAY. IT DOESN'T LOOK LIKE THAT TODAY. BUT WE TRY AND USE TECHNOLOGY TO BUT WE TRY AND USE TECHNOLOGY TO ACTUALLY CARE FOR THE ANIMALS ACTUALLY CARE FOR THE ANIMALS BETTER AND GIVE THEM A BETTER BETTER AND GIVE THEM A BETTER LIFE THAN THEY WOULD HAVE LIFE THAN THEY WOULD HAVE OTHERWISE HAD. OTHERWISE HAD. >> HARDIN SUPPORTS THE BILL >> HARDIN SUPPORTS THE BILL BECAUSE HE SAYS IT GIVES BECAUSE HE SAYS IT GIVES PRODUCERS LIKE HIM EXTRA PRODUCERS LIKE HIM EXTRA PROTECTION. PROTECTION. >> IN THIS DAY AND AGE IT >> IN THIS DAY AND AGE IT DOESN'T TAKE MUCH FOR A PRODUCER DOESN'T TAKE MUCH FOR A PRODUCER TO BE PUT OUT OF BUSINESS IF TO BE PUT OUT OF BUSINESS IF THEY GET SOME VERY BAD PUBLICITY THEY GET SOME VERY BAD PUBLICITY ABOUT THINGS THAT HAVE GONE ON ABOUT THINGS THAT HAVE GONE ON ON THEIR FARM AND IT MAY NOT BE ON THEIR FARM AND IT MAY NOT BE SOMETHING THAT IS NECESSARILY SOMETHING THAT IS NECESSARILY BAD, BUT TO THE PUBLIC TODAY BAD, BUT TO THE PUBLIC TODAY THAT HASN'T GROWN UP WITH THAT HASN'T GROWN UP WITH PRODUCTION AGRICULTURE AND PRODUCTION AGRICULTURE AND DOESN'T UNDERSTAND WHAT THEY'RE DOESN'T UNDERSTAND WHAT THEY'RE LOOKING AT IT MAY NOT -- MAY NOT LOOKING AT IT MAY NOT -- MAY NOT LOOK LIKE SOMETHING GOOD, BUT IT LOOK LIKE SOMETHING GOOD, BUT IT COULD BE A VETERINARY APPROVED COULD BE A VETERINARY APPROVED PRACTICE, BEST MANAGEMENT PRACTICE, BEST MANAGEMENT PRACTICE THAT WE HAVE ON THE PRACTICE THAT WE HAVE ON THE FARMS TODAY. FARMS TODAY. >> SENATE BILL 101 CREATES A NEW >> SENATE BILL 101 CREATES A NEW CRIME CALLED AGRICULTURAL CRIME CALLED AGRICULTURAL MISCHIEF WHICH ENHANCES MISCHIEF WHICH ENHANCES PENALTIES FOR TRESPASSING. PENALTIES FOR TRESPASSING. THE SENATOR DECLINED TO BE THE SENATOR DECLINED TO BE INTERVIEWED BUT TESTIFYING INTERVIEWED BUT TESTIFYING BEFORE THE LEGISLATIVE COMMITTEE BEFORE THE LEGISLATIVE COMMITTEE LAST WEEK HE SAID THE BILL WAS LAST WEEK HE SAID THE BILL WAS NECESSARY TO PROTECT INDIANA'S NECESSARY TO PROTECT INDIANA'S AGRICULTURAL INDUSTRY. AGRICULTURAL INDUSTRY. >> WE HAVE GOT TO PROTECT OUR >> WE HAVE GOT TO PROTECT OUR FARMS ANDING A CULTURAL FARMS ANDING A CULTURAL OPERATIONS IN THIS STATE, WHICH OPERATIONS IN THIS STATE, WHICH IS A HUGE ECONOMIC DEVELOPMENT IS A HUGE ECONOMIC DEVELOPMENT DRIVER IN THE STATE OF INDIANA DRIVER IN THE STATE OF INDIANA AND TO PROTECT THOSE FOLKS FROM AND TO PROTECT THOSE FOLKS FROM FOLKS WHO WOULD ACTUALLY COME ON FOLKS WHO WOULD ACTUALLY COME ON PROPERTY AND ATTEMPT TO DO HARM PROPERTY AND ATTEMPT TO DO HARM TO THE OPERATION. TO THE OPERATION. >> HOWEVER, THOSE AGAINST THE >> HOWEVER, THOSE AGAINST THE MEASURE TESTIFIED CONSUMERS MEASURE TESTIFIED CONSUMERS SHOULD BE ABLE TO SEE HOW THEIR SHOULD BE ABLE TO SEE HOW THEIR FOOD IS PRODUCED. FOOD IS PRODUCED. >> INSTEAD OF TRYING TO HIDE >> INSTEAD OF TRYING TO HIDE WHAT'S HAPPENING ON THE FARMS WHAT'S HAPPENING ON THE FARMS THEY SHOULD BE MORE TRANSPARENT. THEY SHOULD BE MORE TRANSPARENT. BUT THAT'S NOT WHAT'S HAPPENING. BUT THAT'S NOT WHAT'S HAPPENING. THEY'RE PUSHING BACK HARDER TO THEY'RE PUSHING BACK HARDER TO TRY TO KEEP US IN THE DARK. TRY TO KEEP US IN THE DARK. >> AFTER THAT THE BIRDS ARE >> AFTER THAT THE BIRDS ARE MOVED TO CAGES WHERE THEY WILL MOVED TO CAGES WHERE THEY WILL SPEND THE REST OF THEIR LIVES -- SPEND THE REST OF THEIR LIVES -- >>. >>. HUANG SAYS THE BILL IS AN HUANG SAYS THE BILL IS AN ATTEMPT TO FRIGHTEN ACTIVISTS. ATTEMPT TO FRIGHTEN ACTIVISTS. A VERSION OF THE BILL FAILED A VERSION OF THE BILL FAILED LAST YEAR BECAUSE LEGISLATORS LAST YEAR BECAUSE LEGISLATORS SAID IT WAS TOO BROAD. SAID IT WAS TOO BROAD. SENATOR HOLDEMAN AMENDED THE SENATOR HOLDEMAN AMENDED THE BILL BUT DETRACTORS SAID IT BILL BUT DETRACTORS SAID IT COULD IMPEDE FREE SPEECH. COULD IMPEDE FREE SPEECH. SENATOR MARK STOOPS ON THE SENATOR MARK STOOPS ON THE COMMITTEE HEARING THE BILL. COMMITTEE HEARING THE BILL. HE SAID THE CURRENT VERSION IS HE SAID THE CURRENT VERSION IS WORSE BECAUSE THE PENALTIES ARE WORSE BECAUSE THE PENALTIES ARE MORE SEVERE. MORE SEVERE. THIS IS DEFINITELY A FREEDOM OF THIS IS DEFINITELY A FREEDOM OF SPEECH ISSUE, AND IN THIS BILL, SPEECH ISSUE, AND IN THIS BILL, CURRENT BILL, THERE'S NO -- NOT CURRENT BILL, THERE'S NO -- NOT EVEN ANY LANGUAGE THAT IF EVEN ANY LANGUAGE THAT IF SOMEBODY ACTUALLY DOCUMENTS SOMEBODY ACTUALLY DOCUMENTS ILLEGAL ACTIVITY AND TURNS IT ILLEGAL ACTIVITY AND TURNS IT OVER TO THE AUTHORITIES THERE IS OVER TO THE AUTHORITIES THERE IS ANY PROTECTION. ANY PROTECTION. THEY WILL STILL SUBJECT TO A THEY WILL STILL SUBJECT TO A FELONY CHARGE AND TIME IN FELONY CHARGE AND TIME IN PRISON. PRISON. >> SENATOR HOLDEMAN TESTIFIED >> SENATOR HOLDEMAN TESTIFIED THAT INDIANA'S SHIELD LAW WOULD THAT INDIANA'S SHIELD LAW WOULD PROTECT THE MEAD YAWD AND THOSE PROTECT THE MEAD YAWD AND THOSE LOOKING TO EXPOSE ILLEGAL LOOKING TO EXPOSE ILLEGAL ACTIVITY. ACTIVITY. >> INDIANA'S LAW ONLY PROTECTS >> INDIANA'S LAW ONLY PROTECTS THE JOURNALISTS FROM HAVING TO THE JOURNALISTS FROM HAVING TO REVEAL THE NAME OF A REVEAL THE NAME OF A CONFIDENTIAL SOURCE THEY HAVE CONFIDENTIAL SOURCE THEY HAVE USED IN NEWS GATHERING. USED IN NEWS GATHERING. I'M NOT CLEAR ON HOW THE SENATOR I'M NOT CLEAR ON HOW THE SENATOR BELIEVES THAT THAT LAW WOULD BELIEVES THAT THAT LAW WOULD ACTUALLY EVEN APPLY TO AN AG GAG ACTUALLY EVEN APPLY TO AN AG GAG RELATED SITUATION. RELATED SITUATION. >> FARGO SAYS THE BILL RAISES >> FARGO SAYS THE BILL RAISES DISTURBING POLICY QUESTIONS DISTURBING POLICY QUESTIONS ABOUT DISCOURAGING WHISTLE ABOUT DISCOURAGING WHISTLE BLOWING IN ONE SPECIFIC BLOWING IN ONE SPECIFIC INDUSTRY. INDUSTRY. >> IF ANYTHING I THINK SOUND >> IF ANYTHING I THINK SOUND PUBLIC POLICY WOULD SAY SHE PUBLIC POLICY WOULD SAY SHE WOULD SHOULD ENCOURAGE PEOPLE TO WOULD SHOULD ENCOURAGE PEOPLE TO EXPOSE ONETHICAL AND ILLEGAL AND EXPOSE ONETHICAL AND ILLEGAL AND UNSAFE BEHAVIOR IN THESE