Animal Legal Defense Fund, et al. v. Kelly, et al.
| Docket Number | 20-3082 |
| Decision Date | 19 August 2021 |
The Kansas Farm Animal and Field Crop and Research Facilities Protection Act (the “Act”) criminalized certain actions directed at an animal facility without effective consent of the owner of the facility and with intent to damage the enterprise of such facility. The Act provided that consent was not effective if induced through deception. Animal Legal Defense Fund (“ALDF”) wished to perform investigations by planting ALDF investigators as employees of animal facilities to document abuse of animals that ALDF would then publicize...
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10 cases
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Animal Legal Def. Fund v. Reynolds
...law which the Tenth Circuit recently struck down as unconstitutional on viewpoint discrimination grounds. See Animal Legal Def. Fund v. Kelly , 9 F.4th 1219 (10th Cir. 2021). The law at issue in Kelly was a law passed by the Kansas legislature which prohibited "[b.] acquiring or exercisin......
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Brown v. Kemp
...speaker's motive led the Court to find that the ordinance was viewpoint-based. Id. Even closer to this case, in Animal Legal Defense Fund v. Kelly, 9 F.4th 1219 (10th Cir. 2021), a statute banned entering "an animal facility to take pictures by photograph, video camera or by any other means......
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United States v. Mackey
...on false factual statements that cause legally cognizable harm tend not to offend the Constitution." Animal Legal Def. Fund v. Kelly, 9 F.4th 1219, 1232 (10th Cir. 2021) (citing Alvarez, 567 U.S. at 719, 132 S.Ct. 2537 and id. at 734-36, 132 S.Ct. 2537 (Breyer, J., concurring in the judgmen......
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Nat'l Coal. on Black Civil Participation v. Wohl
...cause legally cognizable harm tend not to offend the Constitution." Mackey, 2023 WL 363595, at *21 (citing Animal Legal Defense Fund v. Kelly, 9 F.4th 1219, 1232 (10th Cir. 2021) (citing Alvarez, 567 U.S. at 719, 132 S.Ct. 2537; id. at 734-36, 132 S.Ct. 2537 (Breyer, J., concurring in the H......
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1 books & journal articles
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The 'weaponized' First Amendment at the Marble Palace and the Firing Line: Reaction and Progressive Advocacy Before the Roberts Court and Lower Federal Courts
...1203 (9th Cir. 2018); Project Veritas Action Fund v. Rollins, 982 F.3d 813, 837, 844 (1st Cir. 2020); Animal Legal Def. Fund v. Kelly, 9 F.4th 1219, 1228 (10th Cir. 2021); Chestnut v. Wallace, 947 F.3d 1085, 1090 (8th Cir. 2020). But cf. Frasier v. Evans, 992 F.3d 1003, 1022 (10th Cir. 2021......