ANIMAL LEGAL DEFENSE FUND; People for the Ethical Treatment of Animals Inc.; American Civil Liberties Union of Idaho; Center for Food Safety; Farm Sanctuary; River's Wish Animal Sanctuary; Western Watersheds Project; Sandpoint Vegetarians; Idaho Concerned Area Residents for the Environment; Idaho Hispanic Caucus Institute for Research and Education; Counterpunch; Farm Forward; Will Potter; James McWilliams; Monte Hickman; Blair Koch; Daniel Hauff, Plaintiffs-Appellees,
v.
Lawrence G. WASDEN, in His Official Capacity as Attorney General of Idaho, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 12, 2017 Seattle, Washington.
Marty Durand and James Piotrowski , Herzfeld & Piotrowski PLLC, Boise, Idaho, for Amici Curiae Idaho Building Trades Council and Idaho AFL-CIO.
Sarah L. Nash , Government Accountability Project Food Integrity Campaign, Washington, D.C.; Craig H. Durham , Ferguson Durham PLLC, Boise, Idaho; for Amicus Curiae Government Accountability Project.
R. Bruce Rich and Jonathan Bloom , Weil Gotshal & Manges LLP, New York, New York, for Amici Curiae Association of American Publishers, American Booksellers for Free Expression, Authors Guild Inc., Freedom to Read Foundation, and Media Coalition Foundation.
Hannah Connor , Center for Biological Diversity, Washington, D.C.; Tarah Heinzen , Food & Water Watch, Washington, D.C.; for Amici Curiae Center for Biological Diversity and Food & Water Watch.
David A. Schulz , Media Freedom & Information Access Clinic, New York, New York; Jonathan M. Manes , New Haven, Connecticut; for Amici Curiae Abrams Institute for Freedom of Expression and Scholars of First Amendment and Information Law.
Bruce D. Brown , Gregg P. Leslie , and Michael J. Lambert , Reporters Committee for Freedom of the Press, Washington, D.C., for Amici Curiae Reporters Committee for Freedom of the Press and 22 Media Organizations.
Andrew P. Bridges , Alexis I. Caloza , and Kathleen Lu , Fenwick & West LLP, San Francisco, California, for Amicus Curiae United Farm Workers of America. Geoffrey J. McConnell , McConnell Wagner Sykes & Stacey PLLC, Boise, Idaho, for Amicus Curiae Susannah W. Pollvogt, Scholar of the Law of Unconstitutional Animus.
Shayana Kadidal , Center for Constitutional Rights, New York, New York, for Amici Curiae Professors Brooke Kroeger and Ted Conover.
Mahesha P. Subbaraman , Subbaraman PLLC, Minneapolis, Minnesota, for Amici Curiae Food Law & Policy Scholars.
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...
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