ANIMAL LEGAL DEFENSE FUND v. REYNOLDS

No. 22-3464.

89 F.4th 1071 (2024)

ANIMAL LEGAL DEFENSE FUND; People for the Ethical Treatment of Animals, Inc.; Bailing Out Benji; Food & Water Watch; Iowa Citizens for Community Improvement, Plaintiffs-Appellees, v. Kimberly REYNOLDS, in her official capacity as Governor of Iowa; Brenna Bird, in her official capacity as Attorney General of Iowa; Vanessa Strazdas, in her official capacity as Cass County Attorney; Jeannine Ritchie, in her official capacity as Dallas County Attorney; Nathan Repp, in his official capacity as Washington County Attorney, Defendants-Appellants Iowa Pork Producers Association, Amicus on Behalf of Appellants Reporters Committee for Freedom of the Press; 17 Media Organizations; Deans, Law Professors, and Journalism Professors; United Farm Workers of America, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2024.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Leif A. Olson , AAG, of Des Moines, IA. The following attorneys) appeared on the appellants' brief; Jacob J. Larson , AAG, of Des Moines, IA.

Counsel who presented argument on behalf of the appellees and appeared on the brief was David Samuel Muraskin , of Washington, DC. The following attorney(s) also appeared on the appellees' brief; Roxanne Conlin , of Des Moines, IA, Devin Kelly , of Des Moines, IA, Christine Ball-Blakely , of Cotati, CA, Matthew Strugar , of Los Angeles, CA, Aaron Frazier , of Norfolk, VA, and Tyler Lobdell , of Washington, DC.

The following attorney(s) appeared on the amicus brief of Iowa Pork Producers Association in support of appellants; Eldon McAfee, of West Des Moines, IA.

The following attorney(s) appeared on, the amicus brief of the Reporters Committee for Freedom of the Press and 17 Media Organizations on behalf of appellees; Bruce D. Brown, of Washington, DC, and Katie Townsend, of Washington, DC.

The following attorney(s) appeared on the amicus brief of Deans, Law Professors, and Journalism Professors on behalf of appellees; Mark I. Bronson, of Saint Louis, MO, Gerson H. Smoger, of Dallas, TX.

The following attorney(s) appeared on the amicus brief of United Farm Workers of America in support of appellees; James S. Azadian, of Los Angeles, CA.

Before COLLOTON, GRASZ, and KOBES, Circuit Judges.


Iowa enacted a trespass-surveillance law penalizing anyone who, while trespassing, "knowingly places or uses a camera or electronic surveillance device that transmits or records images or data while the device is on the trespassed property[.]" Iowa Code § 727.8A ("the Act"). Five animal-welfare groups (collectively, "Plaintiffs...

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