Horse Advocates Await First Amendment Ruling on Wild Horse Roundups

RENO, Nev. — The ongoing debate over media access to wild horse roundups on federal lands in the West has reached a critical juncture. A U.S. district judge in Nevada has delayed a ruling on a First Amendment case concerning these roundups, citing a shortage of judicial staff. This case, brought by photographer Laura Leigh, challenges the Bureau of Land Management's restrictions on media access, arguing they violate press freedom.

U.S. District Judge Larry Hicks informed lawyers that a decision would not be forthcoming until after March. The case was remanded to his court by the 9th U.S. Circuit Court of Appeals, which overturned his earlier ruling. The appeals court instructed Hicks to reassess the constitutionality of the media restrictions imposed by the Bureau of Land Management (BLM).

Laura Leigh, a leader of Wild Horse Education, claims her press rights were infringed in 2010 when she was denied access to mustang roundups in Nevada's Lincoln County. The Reporters Committee for Freedom of the Press and the National Press Photographers Association have joined as amici curiae, supporting Leigh's case.

Gordon Cowan, Leigh's attorney, emphasized the judiciary's duty to scrutinize any attempts to limit public access. Judge Hicks acknowledged the emotional and controversial nature of the issue, noting the challenges faced by the government in managing public lands.

Hicks highlighted the understaffing in Nevada's judicial district, where four judges currently handle the caseload previously managed by seven. The district's workload has nearly doubled in recent years, making it one of the busiest in the nation.

Ninth Circuit Appellate Judge Milan Smith, in an 18-page opinion, stressed the importance of balancing the public's interest in media oversight of government activities with the government's need to impose restrictions for safety or other legitimate reasons. He cautioned against using administrative convenience as a pretext for limiting press access.

Approximately half of the 37,000 wild horses and burros on federal lands reside in Nevada. The BLM argues that the range can support only about 26,000, necessitating regular roundups to manage the population.

During recent hearings, BLM officials testified that they strive to provide public access to roundups and temporary holding facilities. They denied targeting Leigh specifically, citing dwindling public interest and high costs as reasons for ceasing public tours at one facility.

Horse protection advocates, however, suspect that access was restricted to prevent documentation of alleged animal abuse. Terri Farley, author of the "Phantom Stallion" series, expressed skepticism about the BLM's motives, suggesting that critics were deterred by the agency's resistance.

Originally Posted By Associated Press