Animal Legal Defense Fund v. Wasden

The majority apparently believes that unconsented entry1 upon land is not a “legally cognizable harm” where it “merely allows the speaker to cross the threshold of another’s property.” But as a matter of the applicable Idaho law, such an uncon-sented entry constitutes a common law trespass, which is a legally cognizable harm—one from which damages are presumed to flow naturally. Taysom v. Taysom, 82 Idaho 58, 349 P.2d 556, 560 (1960) (“Nominal damage need not be proved, but naturally flows from a wrongful entry.”).

I dissent because I would hold that the “ability to hold property or to…