San Francisco, CA
San Francisco, CA
Posted on Dec 20, 2023
S.F. judge upholds state privacy law cited in prosecution of antiabortion activists
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A San Francisco judge has upheld California’s law against recording private conversations without the speakers’ consent, rejecting a challenge by two antiabortion activists who posed as fetal researchers to enter national meetings of abortion providers and secretly record their discussions.
David Daleiden, leader of an antiabortion group called Center for Medical Progress, and Sandra Merritt, an employee, have both been charged with eight felony violations of the state law. Prosecutors say they identified themselves as researchers for Biomax Procurement Services, a nonexistent company, to gain access to conventions of the National Abortion Federation in San Francisco in 2014 and in Baltimore in 2015, as well as meetings of Planned Parenthood around that time.
After they posted videos of the meetings, which Planned Parenthood said had been heavily edited, the abortion groups said their members were subjected to harassment and death threats. Some states cited the videos when they cut off funding for Planned Parenthood. Daleiden and Merritt said they were acting as investigative journalists to expose fetal trafficking. Their trial is scheduled for March.
David Daleiden, leader of an antiabortion group called Center for Medical Progress, and Sandra Merritt, an employee, have both been charged with eight felony violations of the state law. Prosecutors say they identified themselves as researchers for Biomax Procurement Services, a nonexistent company, to gain access to conventions of the National Abortion Federation in San Francisco in 2014 and in Baltimore in 2015, as well as meetings of Planned Parenthood around that time.
After they posted videos of the meetings, which Planned Parenthood said had been heavily edited, the abortion groups said their members were subjected to harassment and death threats. Some states cited the videos when they cut off funding for Planned Parenthood. Daleiden and Merritt said they were acting as investigative journalists to expose fetal trafficking. Their trial is scheduled for March.
S.F. judge upholds state privacy law cited in prosecution of antiabortion activists
Posted from sfchronicle.com
San Francisco
Privacy
Abortion
Medical
Health
Posted 5 mo ago
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PO1 William "Chip" Nagel
..."Daleiden and Merritt also argued that the conversations they recorded were at lunch gatherings and other meetings that could have been overheard by others. But Jacobs said those were factual questions for a jury to determine. He said their claim that they were undercover journalists unfairly singled out for prosecution could be addressed in future proceedings but would not justify overturning the entire state law.
“There must be a balance between journalists’ claimed First Amendment right to engage in undercover investigations and the state’s effort to protect privacy,” and this law “does not unduly upset that balance,” the judge said.
In response, Mat Staver, chairman of the nonprofit group Liberty Counsel, which represents Merritt, said Jacobs should have dismissed the charges against her “for her undercover work in exposing Planned Parenthood’s crimes. … Liberty Counsel will appeal this decision and continue to defend Sandra against these unconstitutional charges.”
..."Daleiden and Merritt also argued that the conversations they recorded were at lunch gatherings and other meetings that could have been overheard by others. But Jacobs said those were factual questions for a jury to determine. He said their claim that they were undercover journalists unfairly singled out for prosecution could be addressed in future proceedings but would not justify overturning the entire state law.
“There must be a balance between journalists’ claimed First Amendment right to engage in undercover investigations and the state’s effort to protect privacy,” and this law “does not unduly upset that balance,” the judge said.
In response, Mat Staver, chairman of the nonprofit group Liberty Counsel, which represents Merritt, said Jacobs should have dismissed the charges against her “for her undercover work in exposing Planned Parenthood’s crimes. … Liberty Counsel will appeal this decision and continue to defend Sandra against these unconstitutional charges.”
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