North Carolina Ag-Gag / PETA et al v. Stein (formerly Cooper) et al.
Public Justice is lead counsel on behalf of a coalition of public interest groups in a constitutional challenge to North Carolina’s “Anti-Sunshine” law—a statute that, like Ag-Gag laws, allows employers and property owners to sue undercover investigators who wish to blow the whistle on unethical or illegal activities in the workplace. 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 law’s text and legislative history confirm that the statute’s primary objective is to stop undercover investigations by what the legislature termed “private special-interest organizations,” particularly those focused on animal agriculture and food health and safety.
The Plaintiffs group consists of People for the Ethical Treatment of Animals, Center for Food Safety, the Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch, Government Accountability Project, Farm Forward, and the American Society for the Prevention of Cruelty to Animals. The New York Times has published an editorial endorsing the challenge.
To learn more about the Food Project’s work on ag-gag laws in other states, see our page on Ag-Gag Litigation.
Trial Briefs
- First Amended Complaint (NC Ag-gag) (BriefComplaint)
- Opposition to Motion to Dismiss (NC Ag-gag) (BriefMotion to Dismiss)
- Order granting Motion to Dismiss (NC Ag-gag) (Court OpinionMotion to Dismiss)
- Order on Second Motion To Dismiss (NC Ag-gag) (BriefMotion to Dismiss)
- Plaintiffs' Opposition to the North Carolina Farm Bureau's Motion to Intervene (NC Ag-gag) (BriefMisc. Motions)
- Memorandum Order on Farm Bureau as Intervenor (NC Ag-gag) (BriefMisc. Motions)
- Plaintiffs' Motion for Summary Judgment (NC Ag-gag) (BriefMotion for Summary Judgment)
- Plaintiffs' Brief in Support of Motion for Summary Judgment (NC Ag-gag) (BriefMotion for Summary Judgment)
- Plaintiffs' Combined Response to Motion for Summary Judgment (NC Ag-gag) (BriefMotion for Summary Judgment)
- Plaintiffs' Reply in Support of their Motion for Summary Judgment (NC Ag-gag) (BriefMisc. MotionsMotion for Summary Judgment)
- Plaintiffs' Proposed Sur-Reply in Support of Their Motion for Summary Judgment (NC Ag-gag) (BriefMotion for Summary Judgment)
- Plaintiffs' Brief in Support of Motion for Leave to File Sur-Reply (NC Ag-gag) (BriefMotion for Summary Judgment)
- Plaintiffs' Suggestion of Supplemental Authority (NC Ag-gag) (BriefMisc. MotionsMotion for Summary Judgment)
- Plaintiffs' Supplemental Authority (citing ALDF v. Reynolds) (NC Ag-gag) (BriefMisc. MotionsMotion for Summary Judgment)
- Plaintiffs' Second Suggestion of Supplemental Authority (NC Ag-gag) (BriefMisc. MotionsMotion for Summary Judgment)
- Plaintiffs' Second Supplemental Authority (citing ALDF v. Kelly) (NC Ag-gag) (BriefMisc. MotionsMotion for Summary Judgment)
- Plaintiff's Response to Defendants' & Intervenor's Suggestion of Supplemental Authority (NC Ag-gag) (BriefMisc. Motions)
- Memorandum Opinion and Order (NC Ag-gag) (Court Opinion)
- Plaintiffs' Bill of Costs (NC Ag-gag) (Attorneys’ Fees and CostsBrief)
- Plaintiffs' Motion for Fees (NC Ag-gag) (Attorneys’ Fees and CostsBrief)
- Plaintiffs' brief in support of motion for fees (NC Ag-gag) (Attorneys’ Fees and CostsBrief)
Appellate Briefs
- Plaintiff-Appellees' Motion To Dismiss Farm Bureau Appeal (NC Ag-gag) (AppealBriefMotion to Dismiss)
- PETA Reply to Motion to Dismiss (NC Ag-gag) (BriefMotion to Dismiss)