PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.; Animal Legal Defense Fund; Center for Food Safety; Food & Water Watch; Farm Sanctuary; Government Accountability Project; American Society for the Prevention of Cruelty to Animals; Farm Forward, Plaintiffs-Appellees,
v.
NORTH CAROLINA FARM BUREAU FEDERATION, INC., Intervenor/Defendant-Appellant, and
Attorney General Josh Stein, Attorney General of the State of North Carolina; Kevin Guskiewicz, in his official capacity as Chancellor of the University of North Carolina-Chapel Hill, Defendants.
Law Professors; United Farm Workers of America; Reporters Committee for Freedom of the Press and 17 Media Organizations, Amici Supporting Appellees.
People for the Ethical Treatment of Animals, Inc.; Animal Legal Defense Fund; Center for Food Safety; Food & Water Watch; Farm Sanctuary; Government Accountability Project; American Society for the Prevention of Cruelty to Animals; Farm Forward, Plaintiffs-Appellees,
v.
Attorney General Josh Stein, Attorney General of the State of North Carolina; Kevin Guskiewicz, in his official capacity as Chancellor of the University of North Carolina-Chapel Hill, Defendants-Appellants, and
North Carolina Farm Bureau Federation, Inc., Intervenor/Defendant.
Law Professors; United Farm Workers of America; Reporters Committee for Freedom of the Press and 17 Media Organizations, Amici Supporting Appellees.
People for the Ethical Treatment of Animals, Inc.; Animal Legal Defense Fund; Center for Food Safety; Food & Water Watch; Farm Sanctuary; Government Accountability Project; American Society for the Prevention of Cruelty to Animals; Farm Forward, Plaintiffs-Appellants,
v.
Attorney General Josh Stein, Attorney General of the State of North Carolina; Kevin Guskiewicz, in his official capacity as Chancellor of the University of North Carolina-Chapel Hill, Defendants-Appellees, and
North Carolina Farm Bureau Federation, Inc., Intervenor/Defendant-Appellee.
Law Professors; United Farm Workers of America; Reporters Committee for Freedom of the Press and 17 Media Organizations, Amici Supporting Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 27, 2021.
Decided: February 23, 2023.
Attorney(s) appearing for the Case
ARGUED: Nicholas Scott Brod , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants/Cross-Appellees. David Samuel Muraskin , PUBLIC JUSTICE, PC, Washington, D.C., for Appellees/Cross-Appellants. ON BRIEF: Joshua H. Stein , Attorney General, Ryan Y. Park , Solicitor General, Matthew Tulchin , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants/Cross-Appellees Josh Stein and Kevin Guskiewicz. Timothy S. Bishop , Brett E. Legner , Chicago, Illinois, John S. Hahn , MAYER BROWN LLP, Washington, D.C.; Phillip Jacob Parker, Jr. , Secretary and General Counsel, NORTH CAROLINA FARM BUREAU FEDERATION, INC., Raleigh, North Carolina, for Appellant/Cross-Appellee North Carolina Farm Bureau Federation, Inc. Daniel K. Bryson , Jeremy Williams , WHITFIELD BRYSON, Raleigh, North Carolina, for Appellees/Cross-Appellants. Gabriel Walters , Washington, D.C., Matthew Strugar , PETA FOUNDATION, Los Angeles, California, for Appellee/Cross-Appellant People for the Ethical Treatment of Animals, Inc. Cristina Stella , Kelsey Eberly , ANIMAL LEGAL DEFENSE FUND, Cotati, California, for Appellee/Cross-Appellant Animal Legal Defense Fund. Clare R. Norins , First Amendment Clinic, UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Amici Law Professors. Mario Martinez , MARTÍNEZ AGUILASOCHO & LYNCH, APLC, Bakersfield, California; Chris Lim , LAW OFFICE OF R. CHRIS LIM, Los Angeles, California, for Amicus United Farm Workers of America. Bruce D. Brown , Katie Townsend , Lin Weeks , REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, Washington, D.C., for Amici The Reporters Committee for Freedom of the Press and 17 Media Organizations.
Affirmed in part and reversed in part by published opinion. Senior Judge Floyd wrote the opinion in which Judge Diaz joined. Judge Rushing wrote a separate dissenting opinion.
FLOYD, Senior Circuit Judge:
Seeking to follow in the well-trodden footsteps of Upton Sinclair, People for the Ethical Treatment of Animals (PETA)1 wishes to conduct undercover animal-cruelty investigations and publicize what they uncover. But it faces a formidable obstacle: North Carolina's Property Protection Act ...
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