ANIMAL LEGAL DEFENSE FUND v. KELLY

No. 20-3082.

9 F.4th 1219 (2021)

ANIMAL LEGAL DEFENSE FUND; Center for Food Safety; Shy 38, Inc.; Hope Sanctuary, Plaintiffs-Appellees, v. Laura KELLY, in her official capacity as Governor of Kansas; Derek Schmidt, in his official capacity as Attorney General of Kansas, Defendants-Appellants. United Food and Commercial Workers International Union; The Reporters Committee for Freedom of the Press; Atlantic Media, Inc.; The Colorado Freedom of Information Coalition; First Look Media Works, Inc.; Freedom of the Press Foundation; The International Documentary Association; The Investigative Reporting Workshop; The Kansas Institute For Government Transparency; The Kansas Press Association; The Kansas Sunshine Coalition for Open Government; The Media Institute; Meredith Corporation; MPA-The Association of Magazine Media; National Press Photographers Association; The News Leaders Association; Politico LLC; Radio Television Digital News Association; The Society of Environmental Journalists; The Society of Professional Journalists; American Civil Liberties Union Foundation of Kansas; American Civil Liberties Union Foundation of Utah; Enrique Armijo; Ashutosh Bhagwat; Erwin Chemerinsky; Heidi Kitrosser; Helen Norton; Jonathan Peters; Joseph Thai; Alexander Tsesis; Rebecca Tushnet; United Farm Workers of America, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED August 19, 2021.


Attorney(s) appearing for the Case

Brant M. Laue , Deputy Solicitor General ( Derek Schmidt , Attorney General of Kansas; Jeffrey A. Chanay , Chief Deputy Attorney General; Toby Crouse , Solicitor General of Kansas; Dwight R. Carswell , Assistant Solicitor General, with him on the briefs), Office of Attorney General, Topeka, Kansas, for Defendants-Appellants.

Alan K. Chen , Civil Rights & Civil Liberties Strategic Litigation Project, University of Denver Sturm College of Law, Denver, Colorado ( Matthew Strugar , Law Office of Matthew Strugar, Los Angeles, California; Michael D. Moss , Foley & Mansfield, P.L.L.P., Overland Park, Kansas; Justin Marceau , Of Counsel, Animal Legal Defense Fund, Civil Rights & Civil Liberties Strategic Litigation Project, University of Denver Sturm College of Law, Denver, Colorado; Kelsey Eberly , Alene Anello , Animal Legal Defense Fund, Cotati, California; David S. Muraskin , Public Justice, P.C., Washington, D.C.; George A. Kimbrell , Portland, Oregon, with him on the briefs), for Plaintiffs-Appellees.

George Wiszynski , Association General Counsel; Joey Hipolito , Assistant General Counsel; Joshua Shreve , Law Fellow, UFCW International Union, Washington, D.C., and Todd J. McNamara , McNamara & Shechter, LLP, Denver, Colorado, filed an amicus brief in support of appellees on behalf of the United Food and Commercial Workers International Union.

Lisa Hoppenjans , First Amendment Clinic, Washington University in St. Louis School of Law, St. Louis, Missouri, filed an amicus brief in support of appellees on behalf of First Amendment Scholars.

Vanessa Shakib , Advancing Law for Animals, Redondo Beach, California, and Mario Martinez , Martinez Aguilasocho & Lynch, APLC, Bakersfield, California, filed an amicus brief in support of appellees on behalf of United Farm Workers of America.

Lauren Bonds , Sharon Brett, ACLU Foundation of Kansas, Overland Park, Kansas, and John M. Mejia , Leah Farrell , Jason M. Groth , ACLU Foundation of Utah, Salt Lake City, Utah, filed an amicus brief in support of appellees on behalf of the American Civil Liberties Foundation of Kansas and the American Civil Liberties Union Foundation of Utah.

Steven D. Zansberg , Ballard Spahr, LLP, Denver, Colorado, filed an amicus brief in support of appellees on behalf of The Reporters Committee for Freedom of the Press and 18 Media Organizations.

Before HARTZ, MURPHY, and McHUGH, Circuit Judges.


The Kansas Farm Animal and Field Crop and Research Facilities Protection Act (the "Act") criminalizes 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 provides that consent is not effective if induced through...

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