Jeff Kerr: Our First Amendment Right to Receive Communications (from Monkeys)

"It is a scientific fact that these macaques, like all other primates, including humans, are communicating. They communicate in much the same way we do - facial expressions, vocalizations, body postures, those kinds of things." - Jeff Kerr

Jeff Kerr is PETA foundations Chief Legal Officer. I asked him to come on the show to talk about one of PETA’s current lawsuits against the National Institutes of Health (NIH) and Nathional Institute of Mental Health (NIMH).

PETA is arguing that the monkeys being tested on in a government run facility are capable of communication (or “are communicating”). And that we have a constitutional right under the First Amendment to receive their communications. This could be a game changer in allowing us to see what’s really going on in labs that are funded by taxpayer money, and which have so far been censored from public view.

PETA’s lawsuit follows years of NIH’s attempts to deny Freedom of Information requests banning PETA executives from its campus and illegally censoring animal advocates’ speech on NIH’s public social media pages. Through the lawsuit, PETA is seeking a live audio-visual feed to see and hear real-time communications from the macaques who have been kept isolated, used in fear experiments, and had posts cemented into their heads.

Anthropologists and other scientists have studied macaque and other primate communications for decades and know that the monkeys communicate effectively and intentionally through lip smacking, fear grimaces, body language, and various cries and sounds—all of which constitute speech under the law. Primatologists can analyze that speech on a deeper level to share their stories with the world.