The Superior Court of the State of California has ruled that biomedical company StemExpress cannot legally suppress the release of video obtained by the Center For Medical Progress, and does not have any right to the footage or documents that the anti-abortion activists have obtained.
Los Angeles Superior Court Judge Joanne O’Donnell explained that a restraining order taken out against CMP will no longer stand, as it represents a restraint on First Amendment rights.
StemExpress attempted to use California’s “two party consent” wiretapping law in order to ban CMP from releasing future videos. With this court ruling, California has ruled that undercover video footage recorded without consent is protected by the First Amendment.
If the court had ruled that such videos are illegal, then that would have paved the way for corporations to bully law enforement into enforcing “ag gag” laws which have already been ruled to be unconstitutional.