The Meat of the Matter: Shoring Up Animal Agriculture at the Expense of Consumers, Animals, and the Environment

March 2020
Citation:
50
ELR 10228
Issue
3
Author
Amanda Howell

This Article analyzes the recent proliferation of “tag-gag” laws aimed at undermining the emerging plantbased and cell-based food industries. It examines potential constitutional challenges to these laws, including those based on the First Amendment, the dormant Commerce Clause, Supremacy Clause, and Due Process Clause, as well as the likely arguments that states will proffer in their defense. It concludes with a discussion of the consequences and implications of various outcomes of these cases, and how animal advocates can responsibly bring these types of constitutional challenges. The Article was adapted from Chapter 11 of What Can Animal Law Learn From Environmental Law, 2d Edition (ELI Press, forthcoming 2020).

Amanda Howell is a staff attorney at the Animal Legal Defense Fund.

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