Pro-Abortion Bias? Lessons From the Daleiden Trial, by Michael Warsaw

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By Michael Warsaw, EWTN News, 11/30/19

Pro-life undercover investigator David Daleiden and his associates were dealt a serious blow last month when California Judge William Orrick III instructed a jury to hold them liable for trespass and breach of contract for the creation of the investigative videos released in 2015 that reveal Planned Parenthood’s selling of fetal parts.

The jury awarded $800,000 to Planned Parenthood, with a RICO verdict tripling that amount to more than $2.2 million.

Judge Orrick’s handling of the case raises critical questions, especially his refusal to consider the defendants’ First Amendment claims. Their lawyers portrayed them as citizen journalists who employed investigative-style undercover methods to obtain accurate evidence of potential wrongdoing by a major institution receiving public funds.

Legal precedent would seem to support Daleiden and his co-defendants. In Food Lion v. Capital Cities/ABC, for example, the 4th Circuit Court of Appeals threw out a costly fraud verdict against ABC, criticizing it as “an end-run” around free-speech protections for journalists.  …

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