according to California’s case not only fails on the merits, it reeks of selective prosecution.
Yet even if you divorce the case from its damning context, California’s case is hardly airtight.
In fact, there’s a California case explicitly holding that state criminal law does not apply to undercover journalist recordings nearly identical to Daleiden’s.
Indeed, when combining the facts of the case with California’s apparently selective prosecution, the state’s conduct raises serious First Amendment concerns.
And make no mistake, the conversations at issue took place at public locations, including multiple restaurants and the 2014 National Abortion Federation conference.
as mentioned in 2 Activists Who Secretly Recorded Planned Parenthood Face New Felony ChargesEnlarge this image toggle caption Pat Sullivan/AP Pat Sullivan/APTwo anti-abortion rights activists who covertly recorded themselves discussing fetal tissue with Planned Parenthood staff are facing felony charges in California, for allegedly violating state law by filming people without their permission.
Planned Parenthood, meanwhile, says it has “has done nothing wrong, and the only people who broke the law are those behind the fraudulent tapes.”
The grand jury determined there was no sign of criminal wrongdoing by Planned Parenthood.
Instead, in a surprise twist, it indicted Daleiden and Merritt on felony charges of using fake drivers licenses to gain access to a Planned Parenthood meeting.
The new charges filed in California are different felony charges, tied to the act of recording.
as mentioned in The charges against David Daleiden and Sandra Merritt of the Center for Medical Progress come eight months after similar charges were dropped in Texas.
LOS ANGELES—California prosecutors on Tuesday charged two antiabortion activists who made undercover videos of themselves trying to buy fetal tissue from Planned Parenthood with 15 felonies, saying they invaded the privacy of medical providers by filming without consent.
This content may collect you by Silina Daniel