Landmark Ruling: Federal Appeals Court Strikes Down Wisconsin’s Hunter Harassment Law Amendments

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First Amendment Prevails in Federal Appeals Court Decision

In a significant legal development, the 7th U.S. Circuit Court of Appeals, based in Chicago, has delivered a decisive blow to recent modifications to Wisconsin’s “hunter harassment law.” This legislation, designed to curb interference with hunting activities, faced constitutional scrutiny for its vague and overbroad language, ultimately resulting in a 2-1 ruling against the amendments.

Unconstitutional Vagueness and Overbreadth

The court’s majority, led by Judge David Frank Hamilton, contended that the changes to the law were both unconstitutionally vague and overbroad. Specifically, the alterations prohibited recording, approaching, or maintaining proximity to hunters engaged in lawful activities. The court ruled that the lack of clarity in determining what constitutes “unlawful interference” rendered the provisions unconstitutional.

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Discrimination Against Free Speech

The amendments were further criticized for their potential to stifle free speech. The court argued that the ban on recording, in particular, extended beyond physically interfering with hunting. According to the court’s opinion, by criminalizing non-disruptive recordings, the amendments were seen as infringing on First Amendment rights.

Animal Legal Defense Fund Champions Plaintiffs

Representing the three plaintiffs— a documentary filmmaker, a journalist, and an activist associated with the Wolf Patrol— the Animal Legal Defense Fund lauded the court’s decision. The Wolf Patrol is an advocacy group staunchly opposed to hunting, and the plaintiffs challenged the amendments as a threat to their expressive activities.

Specific Provisions Struck Down

Judge Hamilton specifically addressed provisions that banned “maintaining a visual or physical proximity” to a hunter and “approaching or confronting” a hunter. He argued that these elements failed to provide clear guidelines on acceptable distances, rendering them unconstitutionally vague.

Intent to Disrupt Hunting Activities

The court also raised concerns about the discriminatory nature of the amendments. By criminalizing speech only when the speaker or photographer intended to disrupt hunting activities, the changes targeted anti-hunting advocates, such as the Wolf Patrol members.

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Strict Scrutiny Analysis

Employing a strict scrutiny analysis, Judge Hamilton concluded that the amendments did not serve a compelling state interest in promoting and protecting hunting in Wisconsin. He emphasized that while hunters have a constitutional right to pursue their activities, they do not have the right to avoid contact with those who disapprove of hunting.

Dissent on Standing

In dissent, Judge Thomas Lee Kirsch II argued that the plaintiffs lacked standing. Despite this dissenting opinion, the court’s majority decision has significant implications for the future interpretation of hunter harassment laws.

This landmark ruling reaffirms the importance of constitutional safeguards, particularly the First Amendment, in shaping and challenging legislation. The court’s decision is expected to have broader implications for similar laws across the country, emphasizing the need for precision and clarity to avoid infringing on fundamental rights.

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