Man Banned From Releasing Undercover Videos From Abortion Convention Appeals to US Supreme Court

WASHINGTON — A pro-life activist who has been banned from releasing any further footage of undercover recordings from the 2014 and 2015 National Abortion Federation Conventions has taken his case to the U.S. Supreme Court.

David Daleiden is appealing his case from the Ninth Circuit Court of Appeals, which upheld a lower court ruling in March prohibiting Daleiden from releasing any further videos from the event, in part due to the safety risks that they could present to abortion providers.

“We are appealing to the highest court in quest of justice,” Tom Brejcha of the Thomas More Society, which is representing Daleiden in court, said in a statement on Friday. “This lawsuit was brought against Mr. Daleiden by NAF, the abortion industry’s trade group, because he dared to expose the truth about their members’ profiting from an illegal trade in the remains of human beings.”

As previously reported, the National Abortion Federation had sued Daleiden in July 2015 to stop his recorded footage from being made public, claiming that it could jeopardize the safety of its members.

U.S. District Court Judge William Orrick issued a preliminary injunction in February 2016 banning Daleiden from releasing any videos recorded at the National Abortion Federation’s annual conventions.

He noted that the Federation requires attendees to sign confidentiality agreements, promising not to disclose the contents of the event.

“Confidentiality agreements are common to protect trade secrets and other sensitive information, and individuals who sign such agreements are not free to ignore them because they think the public would be interested in the protected information,” Orrick wrote.

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Also opining that “the majority of the recordings lack much public interest,” Orrick said that the Federation’s rights to privacy and safety outweighed any public interest in the videos.

“Weighed against that public interest are NAF’s and its members’ legitimate interests in their rights to privacy, security, and association by maintaining the confidentiality of their presentations and conversations at NAF Annual Meetings. The balance is strongly in NAF’s favor,” he wrote.

Daleiden, who possesses hundreds of hours of footage, appealed to the Ninth Circuit, which upheld the ruling in March.

“Even assuming arguendo that the matters recorded are of public interest, however, the district court did not clearly err in finding that the defendants waived any First Amendment rights to disclose that information publicly by knowingly signing the agreements with NAF,” it wrote.

“Nor did the district court abuse its discretion in concluding that a balancing of the competing public interests favored preliminary enforcement of the confidentiality agreements, because one may not obtain information through fraud, promise to keep that information confidential, and then breach that promise in the name of the public interest,” the court said.

Therefore, Daleiden has now presented the matter to the nation’s highest court.

“[W]hat is ultimately at stake here is whether those who ‘blow the whistle’ on illegal or inhumane misbehavior in any industry may be silenced and even punished for telling the truth to the public at large and to those charged with enforcing criminal and regulatory bans on nefarious practices,” Brecha said.

“Whether America will remain an open or closed society hangs in the balance,” he opined. We trust that the justices will stand by our traditional disapproval of ‘prior restraints on free speech,’ hear Daleiden’s appeal, vindicate his First Amendment rights, and reverse the lower courts’ egregious mistakes.”

Daleiden was recently held in contempt of court for releasing a preview of forthcoming video footage in violation of the injunction. The recording featured clips of various Planned Parenthood officials and other abortion advocates making nonchalant statements about the abortion process, including that the baby’s eyeballs fell into their lap or that they had to tear off a leg to avoid technically performing a partial-birth abortion.


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  • mr goody two shoes

    I’m Not a bit concerned about protecting these sick demented murdering group release it.

  • Vicki Kuner Mattingly

    dis graceful!!!!!! i’m sickened by this abortion clinic.this is murder plain and simple!!!!

  • mjmaf

    Time to expose this barbaric, unnecessary death consortium for what it really is: The Destruction Of America’s Youth!

  • American public

    Planned Parenthood is the largest human killing machine on the face of the Planet. There is NO JUSTIFICATION for anything they do and should ALL be charged with murder on a massive scale. PP has killed more people than HITLER, STALIN, SATAN AND THE CLINTON CARTEL… Combined!

    • Mike Kimm

      I could not have said it better!

    • holyblood1

      Amen brother.

  • jreg9304

    Abotionists are nothing more than MURDERER’S. Planned Parenthood should be outlawed!!

  • Tyronne Shoelaces

    How dare that judge tell anyone how interested I am in the videos as part of the “public interested”.

  • Jane Scannell

    We have some of the sickest judges in our beloved country! Planned parenthood can put their rubbish on the air and in all manner of social media, yet we Christians cannot reiterate enough that what they are doing is murder and a mortal sin! Pray the good Lord hears our prayers and stops these killers…

  • GuardianFlame

    CONFIDENTIALITY AGREEMENTS BE DAMNED! This isn’t about some technology part or a high speed motor, THIS IS ABOUT “KILLING HUMAN BABIES”!!! HOW MUCH MORE EVIL CAN OUR SOCIETY GET?????

    When one human tiny life can’t be protected — NO MATTER WHAT LEGALESE CLAUSE, ETC. IS INVOKED — PRO-ABORTION HUMANITY HAS SUNK SO LOW THAT THEY WILL NOT FEEL THE END OF ALL LIFE, BECAUSE THEY ARE ALREADY DEAD INSIDE.

    HELLO ABORTION LOVERS. THIS IS WHAT IS HAPPENING TO YOUR SOUL AND YOUR HEART…BLACKENED BEYOND HELP. Even God cannot help you now. YOU did this to yourselves…

    • holyblood1

      Amen.

  • While We Are Still Free

    Well stated that how what is
    ultimately at stake here is whether those who ‘blow the whistle’ on illegal or
    inhumane misbehavior in any industry may be silenced and even punished for
    telling the truth to the public at large and to those charged with enforcing
    criminal and regulatory bans on nefarious practices,” Brecha said. “Whether
    America will remain an open or closed society hangs in the balance,”

    The left’s attempt to criminalize the dissemination of anything that dares
    dispute their politically correct false narratives is the definition of fascism
    at best, and truly the codification of a dystopian Orwellian Opposite World nightmare
    at worst.

    “Woe
    to those who call evil good, and good evil; Who substitute darkness for light
    and light for darkness; Who substitute bitter for sweet and sweet for bitter!” –
    Isaiah 5:20

    The
    abridgement of anyone’s legal right to life be they an adult, child, infant, or
    soon to be born fetus being supplanted to serve the selfish political agenda of
    supposedly securing the rights of women is purposely dishonest. The nefarious claim that ending the genocide
    of 3700 babies every day in America, 59,676,263.8 US
    since 1973: Roe vs Wade (17,902,879.3 being Black
    babies) The fact that less than 15% of
    America’s population represents ONE THIRD of the number of abortions is what should
    be defined as Black Genocide. Planned Parenthood’s founder Margaret Sanger was
    a white supremacist who desired to cull the population of blacks and others her
    xenophobia deemed “undesirable.” The Voting
    rights of Blacks in America have been abridged not by rich white people. No,
    the voting rights of Blacks in America have been abridged by Planned Parenthood’s
    Abortion clinics!

    The
    false claim that abortion secures the rights of women is no different than a tribe
    of cannibals claiming that denying their supposed right to kill and eat others
    is a violation of their civil rights.

    Sorry,
    but nowhere in America’s founding documents was murder ever sanctioned as a supposed
    civil right!

  • holyblood1

    God take over.The only thing that needs to aborted is the so called ninth district court and PPH. These are animals.

    • mtman2

      Truthfully animals pretty much were Created to nurture their young.
      These people are Demonic in the spirit of Jezebel + Sodom…

  • mtman2

    Well then someone else shouls release them…

  • mtman2

    Then have someone else release them….
    Taking it out of his hands-!!!!!!
    “WE the People” -have a Right to know –
    under –
    1st-Amendment FREEDOM OF THE PRESS
    The Creepy Commie so called judge must be impeached
    Indicted
    Fined
    Jailed
    He should be DISGRACED COMPLETELY…

  • http://www.bibleversusconstitution.org/ Ted R. Weiland

    This wouldn’t be an issue had the constitutional framers (like the 17th-century Colonial forbears) established government and society upon Yahweh’s immutable/unchanging moral law (including Exodus 21:22-23) because Planned Parenthood wouldn’t exist. In turn, million of in utero infants would have never slaughtered and butchered in their mothers’ wombs.

    For more on how Yahweh’s immutable moral law applies and should be implemented today, see free online book “Law and Kingdom: Their Relevance Under the New Covenant.” Click on my name, then our website. Go to our Online Books page and scroll down to title.

    • http://maxfurr.com HobbesianWorld

      You are quite right. We would be no different than the Taliban or ISIS. Women would never dare to have their own minds, lest they be stoned to death.

      • http://www.bibleversusconstitution.org/ Ted R. Weiland

        “There are no such things done as thou sayest, but thou feignest them out of thine own heart.” (Nehemiah 6:8)

        Thanks again for demonstrating the inspiration and veracity of the Bible, especially 1 Corinthians 2:12-14.

        • http://maxfurr.com HobbesianWorld

          You like the idea of targeting and terrorizing doctors, do you?

          • http://www.bibleversusconstitution.org/ Ted R. Weiland

            You mean exposing murderers, don’t you?

            Of course, you have no problem with those who commit in utero infanticide and then butcher the bodies (bodies) of these babies and sell their body (body) parts to the highest bidder. This, because you’re just as wickedly immoral as those whose murderous actions you condone.

            But, the good news, even you can be forgiven by the blood-atoning sacrifice and resurrection of Christ:

            “Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind,
            10 Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God. And such were some of you: but ye are washed, but ye are sanctified, but ye are justified in the name of the Lord Jesus, and by the Spirit of our God.” (1 Corinthians 6:9-11)

            If, ever you desire to find your way to the cross and empty tomb, you need only ask and I’ll be pleased to assist you.

          • http://maxfurr.com HobbesianWorld

            So, you are condoning all that I said by redefining it. Fundamentalists have walls of dogma so strong that the most powerful cannonballs of logic and reason will not dent them. We live in a secular nation under a secular Constitution. We do not live in a Christian theocracy where women would be strictly controlled like they are in Muslim theocracies.

          • http://www.bibleversusconstitution.org/ Ted R. Weiland

            Thanks for helping make my point–that is, except for your last sentence, which is, once again, just another fulfillment of Nehemiah 6:8 and 1 Corinthians 2:12-14.

          • http://maxfurr.com HobbesianWorld

            Why are you pointing to bible verses? But please tell me, did your parents teach you Christianity from childhood either directly or by taking you to Sunday school?

          • http://www.bibleversusconstitution.org/ Ted R. Weiland

            Because otherwise, like you, I’m making myself my own authority and thus my own god. And where does that get us? Nowhere, because neither yours nor my fickle opinions on anything are superior to each others or anyone else.

            Neither! I first heard the gospel (1 Corinthians 15:1-5) when I was nineteen and became a Christian shortly after my twentieth birthday.

            Are you ready to be forgiven of your self-absorbed idolatry and other sins against God and man, what only the blood of Christ can accomplish?

          • http://maxfurr.com HobbesianWorld

            LOL! I was raised to be a fundamentalist Christian, and even taking Bible class in high school. There was no other religion offered and evolution was not even mentioned in biology or any other science class. Thus, I discovered for myself out of my curiosity after high school and after learning of other beliefs that one’s religious beliefs are most often what they were taught to belive from birth. And it makes no difference whether they are born into an Islamic society or a Christian society. They will, most often, believe what they were taught.

            How did you learn of Christianity in the first place? I can’t believe that you never had occasion to hear some of the details of Christianity before age 19. Please give full disclosure. What was your belief before that? Were your parents atheists and taught you nothing and your becoming a Christian was something of a rebellion against them? Did they never go to church and you never heard of it from friends?

          • Samuel Abraham

            Wait a minute…did you just say you were a Christian? How is the mighty fallen!

          • http://maxfurr.com HobbesianWorld

            Hi Samuel. Well, I would interpret the opposite. Where once I had blind faith, now, after education, my mind has been freed of its theological chains and allowed to soar high above those bonds.

            If you are interested, you can find the details of my journey from religion to de facto atheism at (MaxFurr dot com and “Preface to The Empathy Imperative: A Philosophical Novel”). I do wish I could give you the correct protocol of the link, but I think this site forbids links.

  • http://maxfurr.com HobbesianWorld

    I’m in full agreement with the Ninth Circuit Court of Appeals. History shows that strict anti abortionists tend to use terrorist tactics and even kill doctors who provide abortions.

    These terrorists even put up website pages that show pictures of some of the doctors with target sights superimposed on their heads and publish their names and addresses. These “good” Christians are, without question, terrorists. I would never trust these people to be truthful in their motives or proposed actions. And all who support them, support terrorism.

    It is one thing go be against abortion for convenience. It is quite another thing (and hideously insensitive and monstrous) to be against abortion for any reason, even to the point of forcing a woman to give birth even though she is likely to die and/or if the fetus is already dead. Anti-abortion for any reason is callous and inhuman.

  • Samuel Abraham

    A sober look at the abortion industry (in whatever guise it may be promoted), reveals that it is the modern day method of child-sacrifice that was rampant in olden days. In those days, they sacrificed to the numerous demons as gods the people worship, in their attempt to silence their conscience’s witness against their acts of defiance at the God of love Who has procured eternal life for them.

    I see the operation tables as the sacrifice altar; the operating knife as the dagger that goes into the heart or throat of the victim who is bound or blind-folded just as the innocent child being aborted is silent and cannot complain of any treatment accorded him or her. I perceive the sinister joy in the realms of wickedness, rejoicing as each drop of blood being provided for them to suck. (This is a behind-the-scene reality, whether you believe it or not)

    I also know that the blood of the victims shed in such manner never keeps silent. Though the victims lay dying silently, the blood acquires life and cries out to God for vengeance. See Genesis 4:10; Rev. 6:10. God hears such cries, and He will revenge. Let the abortionists infiltrate any worldly establishment, using whatever method to justify their murderous acts. Use the legislative department to make laws legalizing abortion, use the judiciary to rationalize it with the lawyers defending the wicked murders, use the emotional weapon to sympathize with women who refuse to keep their legs together, and in some cases use the health and wellness argument to appeal to emotions about danger to the mother…etc. Even use the backslidden pastors who approve of abortions for whatever reason!

    One day, the Owner of those souls so deprived of their livelihood will respond… and you better be ready to answer Him when He says, Come, give account of your stewardship. No argument will stand on that day. No rationalizing, or appeals will influence His decision, which of course He has already declared in the Bible. Numbers 33:23 …”behold, your sin will find you out….