"In a split decision the Fourth Circuit Court of Appeals has upheld a lower court ruling that North Carolina’s “ag-gag law” is unconstitutional and infringes on free speech.

The three-judge panel ruled 2-1: Justices Henry Floyd and Albert Diaz, both appointed by President Obama, wrote for the majority. Judge Allison Jones Rushing, an appointee of President Trump, issued a dissent.

At issue was the “Property Protection Act,” passed by the North Carolina General Assembly in 2015. It allowed courts to assess civil fines on employees who took videos or photos — or even took handwritten notes — of a business’s non-public areas to document alleged wrongdoing, and then passed that information to anyone besides the employer or law enforcement. The fines were hefty: $5,000 per day, plus attorney’s fees."

Lisa Sorg reports for NC Policy Watch February 24, 2023. [2]