Victory for Whistleblowers in North Carolina: Court Reinstates Constitutional Challenge to 'Anti-Sunshine' Law
The United States Court of Appeals for the Fourth Circuit ruled Tuesday that a federal lawsuit challenging the constitutionality of North Carolina's anti-sunshine law can go forward, reversing the decision of the federal district court. The law was designed to deter whistleblowers and undercover investigators from publicizing information about corporate misconduct, and a coalition including animal welfare, press freedom, food safety, and government watchdog groups is challenging the law's constitutionality.
In its decision, the Fourth Circuit determined that plaintiffs' First Amendment rights were harmed if forced to "refrain[ ] from carrying out their planned investigations based on their reasonable and well-founded fear that they will be subject to significant exemplary damages." The fact that North Carolina has not yet enforced the anti-sunshine law and that the law imposes civil rather than criminal penalties does not prevent the plaintiffs from seeking to vindicate their constitutional rights. The state, the court writes, cannot pass a law that "by its terms [ ] prohibit[s] Plaintiffs' planned activities and [ ] subject[s] them to civil liability" and argue that the plaintiffs cannot sue to protect their freedom of speech.
The state legislature overrode a veto of the bill by Governor Pat McCrory in June 2015, and the law took effect in January 2016. Under the law, organizations and journalists who conduct undercover investigations, and individuals who expose improper or criminal conduct by North Carolina employers, are susceptible to suit and substantial damages if they make such evidence available to the public or the press.
The North Carolina law is part of a growing number of so-called 'ag-gag laws' passed by state legislators across the country. The bills, which are pushed by lobbyists for corporate agriculture companies, are an attempt to escape scrutiny over unsafe practices and animal abuses by threatening liability for those who expose these improper and, in many cases, illegal practices. North Carolina's version is written so broadly that it would also ban undercover investigations of all private entities, including nursing homes and daycare centers. The North Carolina law threatens to silence conscientious employees who witness and wish to report wrongdoing.
The plaintiffs in the suit, represented by Public Justice, are People for the Ethical Treatment of Animals (PETA), the Center for Food Safety, Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch, the Government Accountability Project, Farm Forward, and the American Association for the Prevention of Cruelty to Animals (ASPCA).
This legal challenge is the first in the nation to make claims under both the U.S. Constitution and a state constitution.
The plaintiffs are represented in this appeal by David S. Muraskin and Leslie A. Brueckner of Public Justice in Washington, DC and Oakland, CA; Daniel K. Bryson and Jeremy Williams of Whitfield, Bryson & Mason LLP in Raleigh, NC; and in-house counsel for plaintiff organizations.
This week marks the official start of fall, but longer nights and colder days can make it harder to spend time outdoors. Luckily, there are several inspiring environmental films that can be streamed at home.
1. Kiss the Ground<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="ccc5f0c92a5603e68aec39e56b0db02a"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/K3-V1j-zMZw?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p><strong>Streaming On: Netflix</strong></p><p><strong>Premiere Date: Sept. 22</strong></p><p>Between <a href="https://www.ecowatch.com/wildfires-california-washington-oregon-photos-2647585008.html" target="_self">wildfires devastating the U.S. West Coast</a> and <a href="https://www.ecowatch.com/tropical-storm-beta-landfall-2647760268.html" target="_self">storms battering the Gulf</a>, the impacts of the <a href="https://www.ecowatch.com/climate-change/" target="_self">climate crisis</a> can feel overwhelming right now. <em><a href="https://kissthegroundmovie.com/" rel="noopener noreferrer" target="_blank">Kiss the Ground</a> </em>offers an alternative to all of the bad news by focusing on solutions.</p><p>The film, directed by Josh and Rebecca Tickell and narrated by Woody Harrelson, explains how we can heal the Earth through "regenerative agriculture," farming practices that draw carbon dioxide from the atmosphere and into soil as a way to restore soil health, which in turn boosts ecosystems and food supplies.</p><p>"<em>Kiss the Ground </em>shows how feasible it is to make these changes at a grassroots level immediately and make a truly substantive impact with low cost and easy to implement solutions," Executive Producer RJ Jain said in an email. "This is why I got involved."</p>
2. Public Trust: The Fight for America's Public Lands<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="5338f7a2931e356910026e5fd76fac56"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/jsKMTAaj_wQ?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p><strong>Streaming On: YouTube</strong></p><p><strong>Premiere Date: Sept. 25, 2 p.m. EDT </strong></p><p>This <a href="https://www.patagonia.com/films/public-trust/" target="_blank">award-winning documentary</a> tells the stories of Indigenous activists, journalists, whistleblowers and historians working to protect America's <a href="https://www.ecowatch.com/tag/public-lands" target="_self">public lands</a>. The film focuses on three political struggles: the shrinking of <a href="https://www.ecowatch.com/tag/bears-ears" target="_self">Bears Ears</a> National Monument in Utah, the mining of Boundary Waters Wilderness in Minnesota and the opening of the <a href="https://www.ecowatch.com/tag/Arctic-National-Wildlife-Refuge" target="_self">Arctic National Wildlife Refuge</a> to fossil fuel exploration.</p><p><em>Public Trust</em> was directed by David Garrett Byars and produced by Jeremy Rubingh. Patagonia Films, Patagonia founder Yvon Chouinard and actor Robert Redford are executive producers. It will be <a href="https://www.youtube.com/watch?v=OGjnIG7puzY" rel="noopener noreferrer" target="_blank">released</a> on YouTube in time for <a href="https://www.ecowatch.com/national-public-lands-day-2640656776.html" target="_self">National Public Lands Day</a>.</p><p>"Our country is fortunate to have millions of acres of public lands, including National Parks, Monuments, Wildlife Refuges and Wilderness set aside for future generations," Redford said. "Sadly, these lands that belong to you and me are under unprecedented threats from the greed of big corporations, eager to weaken restrictions in the pursuit of profits. Many of our current politicians are also to blame. <em>Public Trust</em> tells the story of citizens who are fighting back. It's a much-needed wake-up call for all of us who want to preserve our unique and wild cultural heritage."</p>
3. David Attenborough: A Life on Our Planet<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="156438a30836a765d7a92982545fc334"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/B_OFZvAd05Y?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p><strong>Streaming On: Netflix</strong></p><p><strong>Premiere Date: Oct. 4</strong></p><p>Beloved nature broadcaster <a href="https://www.ecowatch.com/tag/David-Attenborough" target="_self">David Attenborough</a> has spent his career introducing viewers to the wonders of our planet. In recent years, his footage of albatrosses swallowing <a href="https://www.ecowatch.com/tag/plastics" target="_self">plastic</a> in <em>Blue Planet II</em> has been credited with <a href="https://www.ecowatch.com/2018-fighting-plastic-waste-2624606566.html" target="_self">helping to ramp up</a> the global fight against plastic pollution. Now, in this <a href="https://www.wwf.org.uk/" rel="noopener noreferrer" target="_blank">World Wildlife Fund</a> (WWF)-produced <a href="https://www.attenborough.film/" rel="noopener noreferrer" target="_blank">documentary</a>, he reflects on the defining moments of his career and the devastating changes he has witnessed.</p><p><em>David Attenborough: A Life on Our Planet,</em> which was also produced by Silverback Films and directed by Alastair Fothergill, Jonnie Hughes and Keith Scholey, features an intimate conversation between Attenborough and Sir Michael Palin as the broadcaster reflects on his life and a career that took him to every continent on Earth. In addition to streaming on Netflix, the movie will be available in select theaters starting Sept. 28.</p><p>"For decades, David has brought the natural world to the homes of audiences worldwide, but there has never been a more significant moment for him to share his own story and reflections," WWF executive producer Colin Butfield said in a <a href="https://www.wwf.org.uk/updates/david-attenborough-life-our-planet" target="_blank">statement</a>. "This film coincides with a monumental year for environmental action as world leaders make critical decisions on nature and climate. It sends a powerful message from the most inspiring and celebrated naturalist of our time."</p>
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By Maria Trimarchi and Sarah Gleim
If all the glaciers and ice caps on the planet melted, global sea level would rise by about 230 feet. That amount of water would flood nearly every coastal city around the world [source: U.S. Geological Survey]. Rising temperatures, melting arctic ice, drought, desertification and other catastrophic effects of climate change are not examples of future troubles — they are reality today. Climate change isn't just about the environment; its effects touch every part of our lives, from the stability of our governments and economies to our health and where we live.
<p>Why environmental refugees flee their homes is a complicated mixture of environmental degradation and desperate socioeconomic conditions. People leave their homes when their livelihoods and safety are jeopardized. What effects of climate change put them in jeopardy? Climate change triggers, among other problems, desertification and drought, <a href="https://science.howstuffworks.com/environmental/green-science/deforestation.htm" target="_blank">deforestation</a>, land degradation, rising sea levels, <a href="https://science.howstuffworks.com/nature/natural-disasters/flood.htm" target="_blank">floods</a>, more frequent and more extreme storms, <a href="https://science.howstuffworks.com/nature/natural-disasters/earthquake.htm" target="_blank">earthquakes</a>, <a href="https://science.howstuffworks.com/nature/natural-disasters/volcano.htm" target="_blank">volcanoes</a>, food insecurity and famine.</p><p>The September <a href="http://visionofhumanity.org/app/uploads/2020/09/ETR_2020_web-1.pdf" target="_blank">2020 Ecological Threat Register Report</a>, by the Institute for Economics & Peace, predicts the hardest hit populations will be:</p><ul><li>Sub-Saharan Africa, South Asia, the Middle East and North Africa</li><li>Afghanistan, Syria, Iraq, Chad, India and Pakistan (which are among the world's least peaceful countries)</li><li>Pakistan, Ethiopia and Iran are most at risk for mass displacements</li><li>Haiti faces the highest risk of all countries in Central America and the Caribbean</li><li>India and China will be among countries experiencing high or extreme water stress</li></ul>
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