Friday, May 10, 2013

Are ALEC "Ag-Gag" Bills Unconstitutional???

Good question!
Why hasn’t this come up before?????

NASHVILLE — Tennessee Attorney General Robert Cooper says a so-called "ag gag" bill passed by state lawmakers is "constitutionally suspect" under the U.S. Constitution's First Amendment.

The 10-page legal opinion, released Thursday, comes as Gov. Bill Haslam continues to wrestle over whether he will sign the bill, veto it or allow it to become law without his signature.

In the opinion, requested by Rep. Mike Stewart, D-Nashville, Cooper said House Bill 1191 is constitutionally suspect on three grounds.

The first is it is "underinclusive" or discriminatory in who is covered. Secondly, the requirement to provide recordings of livestock cruelty "could be an impermissible prior restraint."

Finally, the opinion says, the reporting requirement "could be found to constitute an unconstitutional burden on news gathering."

Begs the question – how many other things is the American Legislative Exchange Council pushing that could be viewed as unconstitutional.  Being they are tenthers – it wouldn’t surprise me one damn bit.

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