Lawsuit Challenges Wyoming's Data Trespass Law for Environmental Protection
The state of Wyoming is embroiled in a legal battle over its controversial Data Trespass Law. This legislation, which prohibits data gathering on open land without explicit permission, is being challenged for allegedly violating the First and Fourteenth Amendments of the U.S. Constitution. The law's critics argue that it targets environmental groups and whistleblowers, preventing them from exposing environmental violations.
The Data Trespass Law, enacted earlier this year, restricts the collection of data, including photographs, on open land without statutory authorization. This provision extends to areas outside cities, towns, or subdivisions, making it technically illegal to take photos for submission to state-owned publications.
The law's proponents aim to deter environmental groups from collecting soil and water samples that could reveal pollution by ranchers. Leslie Brueckner, a senior attorney at Public Justice, argues that the law is designed to silence whistleblowers and advocates, infringing on their First Amendment rights and hindering their ability to expose wrongdoing in the agriculture industry.
The lawsuit, filed by organizations including the National Press Photographers Association and the Western Watersheds Project, claims the law discriminates against environmentalists seeking to protect Wyoming's lands. The law's broad application to both private and public lands is seen as particularly concerning, as it criminalizes data collection intended for submission to government agencies.
WyoFile has even encouraged readers to submit photos taken on public lands, highlighting the law's controversial nature. However, individuals should be cautious, as taking such photos could lead to legal repercussions.
To Learn More:
- Lawsuit Challenges Constitutionality of Data Trespass Laws (by Gregory Nickerson, WyoFile)
- Wyoming Made It Illegal To Take A Photo Of A Polluted Stream. Now They’re Being Sued For It. (by Natasha Geiling, ThinkProgress)
- WyoFile Showcases Potentially Illegal Photos of Wyoming (WyoFile)
- Trespassing to Collect Data Act (State of Wyoming)
- Wyoming Criminalizes Taking Soil Samples and “Ecological” Photos on Public Lands (by Noel Brinkerhoff and Steve Straehley, AllGov)
- Originally Posted By All Gov