111 Iowa L. Rev. 1241 (2026)

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Abstract

This Note discusses Iowa Code sections 717A.3B and 727.8A, which limit false statements made to obtain videos of, employment at, and access to animal agriculture facilities. These laws, often called “ag-gag” laws, provide civil and criminal penalties for obtaining pictures, videos, and other media inside of animal agriculture facilities and have caused a federal circuit split when assessing their constitutionality under the First Amendment. The Fourth, Ninth, and Tenth Circuits have held similar ag-gag laws violate the First Amendment, but the Eighth Circuit recently held that Iowa’s provisions are constitutional in two 2024 cases titled Animal Legal Defense Fund v. Reynolds. This Note will provide a background on the animal rights movement, starting with Upton Sinclair’s The Jungle. Although the movement began with public health concerns because of poor conditions at animal agriculture facilities in the early twentieth century, the movement has grown into concerns over the ethical treatment of animals. Undercover tactics used by prominent animal rights groups, like People for the Ethical Treatment of Animals and the Animal Legal Defense Fund, have led to several states adopting ag-gag laws, with a wave in the 1990s and another wave within the last decade. This Note then discusses how the Eighth Circuit differed from other circuits in their analysis of Iowa’s laws and provides several solutions and potential workarounds for animal rights groups and attorneys representing them, both in Iowa and across the country. For advocates of animal rights groups, ensuring an adequate pleading of the facts regarding the group’s activities is essential. The circuit split and question of constitutionality will likely only be resolved through a Supreme Court decision on these laws. Although a decision is unlikely to happen in the near future, animal rights groups should focus on working with employees of animal agriculture facilities to protect against abuse as well as ensure proper measures are taken for the health and safety of consumers.