A significant number of states have passed statutes prohibiting the disparagement of perishable food products and imposing considerable penalties for offenders. We include below the text of statutes that have been enacted.
Similar legislation is pending in several other states.
Such statutes, while embodying certain prohibitions that were previously contained in other portions of some states' codes, pose a significant threat of preventing legitimate discussion and disagreement that are protected by the First Amendment of the United States Constitution and by similar provision of states' constitutions. The mere threat of the use of the prohibitive power and penalties of such statutes is a powerful weapon for exploiters who wish to silence all criticism of their work and industries. The Animal Rights Law Center believes that portions of such statutes would be found to violate the protections offered by the federal and state constitutions. Even if, however, a disparagement statute were to be eventually struck down by the United States Supreme Court, the process of litigating such a constitutional claim takes years and considerable expense. Meanwhile, the existence of these statutes chills vigorous debate concerning important ethical, political and economic issues.