PETA vs Kansas State Fair hearing scheduled next week

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A federal judge will hear arguments beginning next Tuesday in a lawsuit filed by People for the Ethical Treatment of Animals that accuses the Kansas State Fair of violating the animal rights group’s free speech rights. PETA filed the suit Monday that names the Kansas State Fair Board, the state and the fair’s general manager, Denny Stoecklein, as defendants.

U.S. District Judge J. Thomas Marten, Wichita, Kan., will preside over the hearing on PETA’s request for the court to block the restrictions placed on its booth for this year’s fair, which begins on Friday, Sept., 7, in Hutchinson. Marten has been called a staunch defender of the First Amendment.

At issue is a 13-minute video PETA wants to show at its booth at the Kansas State Fair containing undercover images from slaughterhouses and factory farms. The video, narrated by ex-Beatle and vegetarian Paul McCartney, is described as “gruesome” by PETA.

The Kansas State Fair told PETA they can’t show a video or pictures “that depict animal slaughter, animal harvest, hide removal, or show or depict live animals being decapitated, dismembered or butchered.” Further, such images must “not be readily visible to passersby or the general public on any side of the booth.”

PETA argues the content-based restrictions violate its free speech rights because the fair is a public forum. The Kansas attorney general's office contends the restrictions are lawful and has vowed to zealously defend fair officials. The sides will argue on whether to grant a restraining order blocking enforcement of the restrictions.

Judge Marten was appointed to the federal bench by President Bill Clinton, and has a record that shows an unwavering deference to free speech rights.


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Tom    
Texas  |  August, 30, 2012 at 09:12 AM

Another liberal Federal court judge, no doubt !

gail    
August, 30, 2012 at 06:38 PM

Those "liberal" Federal Judges are everywhere in Kansas. Where does that idea come from. Free Speech. Some would call that a Constitutionalist.

Meat Lover    
Omaha, NE  |  August, 30, 2012 at 10:11 AM

I would go watch the video, if allowed, while eating a big ol’ Famous Dave’s combination (beef, chicken, and fish) platter.

There's room for all of God's creatures... right next to my mashed potatoes.

pb    
phoenix, az  |  August, 30, 2012 at 10:29 AM

PETA's goals have nothing to do with assisting animals and everything to do with garnering publicity for the
sake of publicity. Common decency SHOULD keep PETA from even WANTING to force feed these images on
kids. Unfortunately PETA has proven through their actions to this point they have neither common sense, nor
decency. If PETA chose to show this behind curtains or walls, to people who have reached the age of majority
in KS, I'd agree with them, however their desire (as I understand it.) is to showcase the graphic images,
force-feeding it to ALL passersby. This is an Unfortunate misuse of our first amendment ... and I'm a first
amendment journalist!.

BJ    
Missouri  |  August, 30, 2012 at 11:41 AM

Since Judge Martin is already known as a stanch defender of the First Amendment, does anyone not think that PETA no doubt hand picked this judge via their attorney and managed to get this on his docket. I find it strange that this suit managed to make it's way onto the docket so expediently, when other cases may have to wait months to be heard.

PETA is not just out for publicity, they want to gather supporters and more importantly the almighty dollar. If the video is as "gruesome" as they describe, then it will perhaps have the opposite effect of what they are seeking.

While most of us support free speech, I doubt that we would agree PETA has the right to force fair-goers to watch something they have edited and obtained illegally. While everyone can just walk away, or better yet, not go near their booth, PETA will no doubt be videoing the reaction of those who do venture near.

This abuse of the First Amendment rights by PETA is right up there with flag-burning in my opinion.

Hattie    
K-State!  |  August, 30, 2012 at 12:59 PM

If you can't beat 'em, join 'em!

If we can't keep them out, we need a booth right next to them... With FREE BACON.

Chuck    
Mo.  |  August, 30, 2012 at 01:25 PM

Hattie,
this is a great idea. If this judge does allow PETA their opportunity to be in the film business at the State Fair, I expect we can find support from the livestock sector to provide refreshments at the booth you suggest. I'm in!!

Tim    
El Dorado, KS  |  August, 30, 2012 at 02:01 PM

If they are permitted to show the film, due to free speech, then I think we should exercise our free speech rights
and form a human barricade around the booth. Enough people and we can protect our children from these people
that would hope to ruin a families day together.

Ted    
Argonia, KS  |  August, 30, 2012 at 02:26 PM

I just returned from the Colorado State Fair, showing cattle. The peta folks had a booth out there and they are wanting nothing less than to stir up trouble. A girl stalled next to us was tormented by the peta people while caring for her animals and she stood up for herself! Her father found out about it and went to give them a piece of his mind. The result, they filed charges against him for verbal abuse.
This is exactly what they are wanting. They are wanting to cause emotions to spike and for people to lash out irrationally.
We all need to keep a calm cool head about ourselves and help people understand how life really is on our farms.

Ted    
Argonia, KS  |  August, 30, 2012 at 02:26 PM

I just returned from the Colorado State Fair, showing cattle. The peta folks had a booth out there and they are wanting nothing less than to stir up trouble. A girl stalled next to us was tormented by the peta people while caring for her animals and she stood up for herself! Her father found out about it and went to give them a piece of his mind. The result, they filed charges against him for verbal abuse.
This is exactly what they are wanting. They are wanting to cause emotions to spike and for people to lash out irrationally.
We all need to keep a calm cool head about ourselves and help people understand how life really is on our farms.

ginny    
pa  |  August, 30, 2012 at 03:02 PM

I understand what you're saying sir, but if it was my child they were harrassing I'd be pretty hot under the collar and so would any parent. It's the kind of thing where everyone in the barn needs to stand behind this family and support them against this. Too late now but it should have been made known to everyone going through the barns that Peta was harrassing a child -- lets see, they love animals but hate children?? what a group!

pb    
Phoenix, az  |  August, 30, 2012 at 06:41 PM

this is the GREAT idea. Good thinking. I hope that you ALL have a wonderful time at the fair.

pb    
phoenix, az  |  August, 30, 2012 at 06:47 PM

Sorry, i thought this would post directly under the idea of the human barricade. I think the human barricade is a great, peaceful way to protect the kids. If you keep the media from the booth, peta will wither away.

Reaper    
Texas  |  August, 30, 2012 at 09:26 PM

People
Eating
Tasty
Animals

What a BUNCH OF IGNORANT PEOPLE

averageman    
nebraska  |  August, 30, 2012 at 10:04 PM

Thanks for the headsup.
First enccounter with PETA, get a restraining order for verbal abuse.

brandt yocom    
dalhart  |  August, 30, 2012 at 11:52 PM

One year at the Iowa State Fair PETA threw blood on the Pork Queen it should have been a happy day for the young girl, how would you feel if someone threw blood on you .... bad bad people i sure hope the person that threw blood on this girl feels great that they would do this to an innocent young girl and ruined her special day and of course they were never prosecuted for assault.. that would violate there rights , but if the girls father would have pulverized the blood thrower he would have gone directly to jail......

gene    
huntington  |  August, 31, 2012 at 05:18 AM

peta needs to get a life. they kill more animals in their shelters than the animal shelters they complain about

Ford    
NM  |  August, 31, 2012 at 08:17 AM

Verbal Abuse? What happened to free speech?

robert harper    
ohio  |  August, 31, 2012 at 09:30 AM

I m a founding member of PETA(people eating tasty animals) so the video these not true members are try to push should be replaced by one of a large barbecue or steak fry.

Karenh    
Colo  |  August, 31, 2012 at 10:44 AM

There should be a booth right next to them showing bodies of all the pets they have killed.

Hattie    
Manhattan  |  August, 31, 2012 at 12:34 PM

I know quite a few people who would throw in support as well :) We'll see what next week brings?

Sarah    
Kansas  |  August, 31, 2012 at 02:17 PM

If you have ever been to the state fair, then you will know that sometimes it is nigh impossible to walk away from some of those booths, people are packed into the isles like sardines, and at times you have to shuffle along at a snails pace until there is an opening in the mass of bodies that you can slip through. If this happens then you are pinned infront of their booth foced to watch and listen to whatever they want to scream at you. I don't believe that you should be cruel to any living creature, but I am also not going to step infront of a bullet for a cow. I grew up in a farm, I'm sure PETA would love to through a bucket of blood on me for all the inocent cows and chickens that I have eaten over the years after buchering them.

Curt    
Derby  |  August, 31, 2012 at 08:11 PM

You're all absolutely right! I don't want my kids seeing gruesome images. I form a wall with you all and send my kids down to the Pro-Life booth where they will see some wholesome images.

Grampa    
Mich.  |  September, 01, 2012 at 09:01 AM

The local government can provide a rating on this picture. It can also (To protect the children) tell them they must provide an enclosed building that the sounds will not carry outside. Now the regulations for theaters come into play. the local fire ordinances and permits must be obtained, and inspections made for proper fire exits and fire equipment. the projection booth must also meet fire standards. construction codes , wiring lighting and sanitary regulations must be satisfied. There are ways to provide them with the venue they want, but it is required of the city and county to provide safety for its citizens.
God bless America.
Grampa

Richard    
va  |  September, 01, 2012 at 11:03 AM

The idea of having the film rated is not bad thought. How long will that take, and to make changes to showing or where it can be shown.

Rosie6600    
11229  |  September, 01, 2012 at 03:48 PM

In animal slaughter, the bewildered animals die in pain, fright, anguish, struggling to remain alive. If films of
such slaughter are too gruesome to be shown to the general public, what does that say about the process? And
how can people boast about their insensitivity, when insensitivity is universally regarded as a character flaw and
is often a hallmark of diminished intelligence? And restricting the First Amendment's protection of freedom of
speech is directly antithetical to the purpose of that amendment, since it is only unpopular speech that requires
such protection. Insensitivity and opposition to the Bill of Rights are not exactly proud characterizations.

    
September, 03, 2012 at 09:22 AM

"in animal slaughter, the bewildered animals die in pain, fright, anguish, struggling to remain alive" these are not humans which you guys have no problem killing. Animals are not the same, hang around them a while. Slaughter is done as quickly and humanely possible because it affects meat quality and if you do it wrong the plant gets shut down by the USDA inspector - the standards are very tight. There is no doubt that we farmers provide a service that most of society is unaware of and should be as they once were. That's our fault for not educating, but peta means to end meat production through propaganda and they'll find that very very unpopular. A few trying to force their will on others - not going to work. Go fight for something worthy like anti abortion.

    
September, 04, 2012 at 08:34 AM

You should really do some research instead of only read and hear the things you want.

Oh Geez    
Manhattan  |  September, 04, 2012 at 02:33 PM

"Insensitivity and opposition to the Bill of Rights are not exactly proud characterizations."

You are right... Much like insensitivity towards young children and taking advantage of the Bill of Rights.

Btw. I like my steak rare.


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