Animal Legal Defense Fund v. Wasden

Partial Concurrence and Partial Dissent by Judge Bea

OPINION

McKEOWN, Circuit Judge:

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector— a secretly-filmed exposé of the operation of an Idaho dairy farm. By all accounts, the video was disturbing: dairy" workers were shown dragging a cow across the ground by a chain…