47-1827, the ALDF investigator had to cause physical damage to an animal or the animal facility or its property. To be subject to criminal prosecution under subsection (a) of K.S.A. The Plaintiffs alleged that the Act violated their First Amendment right to freedom of speech. ALDF desired to conduct an undercover investigation in Kansas but refrained from doing so out of fear of criminal prosecution under the Act. Both parties filed cross-motions for summary judgment. The Act made it a crime to damage or destroy an animal facility or an animal, exercise control over an animal facility or animal from a facility, take photos or videos at an animal facility that that is not open to the public, and remain at an animal facility against the owner’s wishes. These interest groups filed suit on Decemagainst the Governor and Attorney General of Kansas seeking a declaratory judgment that the Kansas Animal and Field Crop and Research Facilities Protect Act was unconstitutional. and Hope Sanctuary are interest groups that aim to protect and advocate for animals and the environment.
The Animal Legal Defense Fund (“ALDF”), Center for Food Safety (“CFS”), Shy 38, Inc.
