Excellent point. I should have written, "The considerations underlying this law may be similar to a very different common law tort"... which don't help us pred

Excellent point. I should have written, "The considerations underlying this law may be similar to a very different common law tort"... which don't help us predict outcomes in individual cases, might just shed some light on how, if it did survive any First Amendment challenge, how that would happen. In practice there are enormous differences. And even the First Amendment challenge would be complicated by this being a criminal statute and not having an out for the public interest. I'm less sure about the effect of criminalizing the collection of information instead of its dissemination. I'm more unsure whether animal cruelty is public interest by default, just don't know the animal rights cases. But, eh, Ninth Circuit, you're probably right, Idaho may have a tough shot.