Lawyers for plaintiff Laura Leigh, supported by the Wild Horse Freedom
Federation, argued before the federal Ninth Circuit Court of Appeals yesterday,
in a case that strikes at the heart of the press’ access to Bureau of Land
Management (BLM) conduct which Leigh has alleged is both illegal and inhumane,
and in violation of the federal law intended to protect wild horses on public
lands. A federal judge in a different
case had earlier ruled that the BLM’s exclusion of Leigh was a violation of her
First Amendment newsgathering rights, but the issue continues to arise each
time Leigh tries to document the BLM’s activity. The appellate court yesterday seemed
interested in considering a new standard to gauge press access to such
situations. If the court adopts a new
rule, it may enable the press -- and the public, which relies on it -- to
properly observe the tragic elimination of the wild horse from the range, as
well as the horses’ ultimate disposition: adoption, sale or death.
The BLM has seized over 130,000
wild horses in its campaign to clear the public lands of these symbols of the
American spirit and instead sell grazing and oil and gas rights to commercial
interests to use the land which is the wild horses’ historic homeland. The BLM claims its right under the Wild
Free-Roaming Horses and Burros Act, and Leigh seeks to document its actions so
that all Americans can see what is happening to these living icons of freedom. Because of the BLM’s restrictions on her
ability to document and observe roundups, the poor conditions of horses in long-term holding, and the records of
bulk sales that might land horses in the slaughter pipeline, Leigh brought this
suit.
“It's plain and simple,” said
Leigh. “The BLM is operating in a manner
that the public finds unacceptable, and it is not okay to hide it. This is an area of extreme public interest and
the public has a right to the information so that it can reach its own opinion.”
Leigh’s suit has attracted
national attention from press and First Amendment groups who have actively
supported her position and filed briefs with the court urging that she be given
full access to document the removal of the wild horses.
“The bottom line is the BLM
obviously has something to hide, because as soon as Ms. Leigh’s first
photographs were broadcast to the nation, she was severely restricted in her
further ability to document the roundups,” said R.T. Fitch, President of the
Wild Horse Freedom Federation, of which Ms. Leigh is Vice President. “This is a government program, affecting our
greatest symbol of American history, and the BLM wants to be able to eliminate
and terrorize them under the cover of darkness.
BLM’s conduct flouts the right of the press under the First Amendment,
and the right of these horses to be protected.”
The BLM now holds over
45,000+ captured wild horses in long-term holding corrals, and sells others who
may end up in rendering plants or slaughtered for human consumption
abroad. Leigh’s suit seeks to establish
her ability as a member of the press corps to expose the inherent cruelty and
instances of illegality in this federal program.
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Wild Horse Freedom Federation (WHFF) is a registered, Texas non-profit
corporation with 501c3 status pending.
WHFF puts people between America’s wild equids and extinction through
targeted litigation against governmental agencies whose documented agendas
include the eradication of wild horse and burros from public, federal and state
lands. WHFF is funded exclusively through the generosity of the American
public.