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201538P.pdf   08/09/2021  Animal Legal Defense Fund  v.  Jonathan Vaught
   U.S. Court of Appeals Case No:  20-1538
   U.S. District Court for the Eastern District of Arkansas - Central   
[PUBLISHED] [Colloton, Author, with Wollman and Shepherd, Circuit Judges] Civil case. Plaintiffs alleged they intended to send undercover investigators into defendant Peco's chicken slaughterhouse and defendant Vaught's pig farm to undercover possible violations and that Ark. Code Ann. Sec. 16-118-13, which prohibits a person who knowingly gains access to a nonpublic area of a commercial property from engaging in acts that exceed that person's authority, prevented them from doing so and thereby violated their First Amendment free speech rights; in this action they sought an order that would prevent the defendants from bringing a civil suit against them under the Arkansas statue; the district dismissed the action for lack of Article III standing. Reversed, as plaintiffs' complaint adequately alleged the elements of Article III standing; the complaint alleged plaintiffs would create and disseminate information that qualified as First Amendment speech, that the proposed conduct would violate the Arkansas statute and that they faced a credible threat of enforcement. Judge Shepherd, dissenting.