(Thomas More Society) — This week, the U.S. Supreme Court unfortunately declined to review our two appeals for David Daleiden’s cases against Planned Parenthood and the National Abortion Federation.
Several months ago, we filed two petitions to the high court, asking it to review the financially ruinous, First Amendment-violating civil judgments against David.
There’s no beating around the bush: We are very disappointed the Supreme Court would not hear these critical appeals and restore justice for David.
Since David released his stomach-churning videos in 2015, exposing the abortion industry’s illegal and barbaric trafficking of aborted baby body parts, Planned Parenthood and NAF have relentlessly targeted him with every weapon at their disposal.
This news means that David may face crippling financial penalties, to the tune of more than $20 million – all because he brought to light the sickening truths about the abortion industry’s harvesting and sale of aborted baby body parts.
The lower court’s judgment in favor of the National Abortion Federation also placed a “gag order” on David, prohibiting him from publishing more than 500 hours of unreleased undercover footage he gathered during his investigation.
But the fight continues…
In the Planned Parenthood case, we have immediately asked the Ninth Circuit Court of Appeals to modify its opinion or issue a stay (place a pause on the proceedings) in this civil appeal.
This is because we believe a recent, watershed ruling – also in the Ninth Circuit – directly affects David’s case.
You see, in July, the Ninth Circuit issued a landmark decision striking down the state of Oregon’s undercover recording statute.
Project Veritas, also known for its important anti-corruption undercover journalism, challenged Oregon’s state law in federal court.
The Ninth Circuit ruled that Oregon’s state law prohibiting certain undercover recordings was unconstitutional. The Court made clear that undercover journalism is protected by the First Amendment.
That’s where David’s case comes in: California’s anti-undercover recording law is closely analogous to Oregon’s… and that’s the law he was charged with violating in his state criminal case.
We believe that this recent ruling – by the same court that ruled against David, nonetheless – also bears on a fundamental issue in David’s defense against Planned Parenthood’s crippling civil lawsuit.
If California’s state recording law – very similar to Oregon’s unconstitutional law – is also found to violate the First Amendment, then most of the criminal charges David is facing would be dismissed.
Fabiano, although the Supreme Court will not hear his appeals, nobody can change these hard truths: The abortionists never sued David for defamation, and the abortion industry never argued that what David uncovered and published was false.
In fact, they even admitted that what was said by the abortion industry executives on David’s videos was true.
Everything on David’s videos was the cold, hard reality – a true display of the inhumane violence that the abortion industry engages in daily.
David’s critical undercover investigation sparked criminal prosecution, wide-ranging public debate, and congressional hearings – all of which continue to be in the news and influence the abortion debate to this very day.
David sacrificed everything to bring the truth to light. He deserves our praise and thanks, not bankruptcy proceedings – let alone imprisonment in San Quentin penitentiary.
As we await further developments, please keep David in your prayers.
Reprinted with permission from the Thomas More Society.