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On Thursday afternoon, Alliance Defending Freedom issued a press release stating that a Superior Court of the State of California has rule in StemExpress v. The Center for Medical Progress, deciding the group has no rights to the materials produced by an undercover investigative journalist.
“People who don’t have anything to hide don’t go to court to stop journalists from reporting the truth," said Freedom of Conscience Defense Fund President Chuck LiMandri. "The court was right to deny StemExpress’ request to gain access to damaging material against them obtained through solid investigative journalism."
LiMandri explains exactly why. "Americans have the right to know the truth about Planned Parenthood's sale of baby body parts and the ‘fiscal rewards’ Stem Express says that it provides to abortion clinics." It is that right which StemExpress, Planned Parenthood, and their allies in the White House and elsewhere have attempted to deny.
originally posted by: Kuroodo
Well if the body parts are from dead babies, and the "parents" don't want anything for the dead baby/fetus, then I don't see what is wrong about selling them as long as it go's to a research organization for actual research and experiments, or medicine.
But as to the actual topic, finally the court does what is right.
This general prohibition on prior restraints even applies to speech whose publication is false,
defamatory, violative of privacy rights or otherwise tortious. Gilbert v. National Enquirer,
Inc. (1996) 43 Cal.App.4th 1135, 1148; Evans v. Evans (2008) 162 Cal.App.4th 1157, 1168
Second, even if Plaintiff's evidence demonstrates that the videotapes were obtained in violation
of Penal Code Section 632, Section 632 does not prohibit the disclosure of information gathered
in violation of its terms. Lieberman v. KCOP Television, Inc. (2003) 110 Cal.App. 4th 156, 167.
For that reason, the Court is unlikely to enjoin the dissemination of the tapes. Nor does Penal
Code Section 637.2 help Plaintiffs. That section permits a person injured by a violation of Penal
Code Section 632 “to bring an action to enjoin and restrain” such violation. It does not permit an
action to prevent the dissemination of the unlawfully obtained recording.
As a result there is no good cause to permit discovery under CCP §
425.16(g), as it has not been demonstrated that there is “a reasonable probability the court [will]
ever reach [the] issue[s]” of the probability of prevailing on the merits of the Plaintiff s causes of
action or the imminent nature of the harm to be enjoined.
originally posted by: Kuroodo
Well if the body parts are from dead babies, and the "parents" don't want anything for the dead baby/fetus, then I don't see what is wrong about selling them as long as it go's to a research organization for actual research and experiments, or medicine.
But as to the actual topic, finally the court does what is right.
It does not permit an action to prevent the dissemination of the unlawfully obtained recording.
originally posted by: ManBehindTheMask
it's ghoulish
originally posted by: ketsuko
a reply to: burdman30ott6
That is because we have lost our moral compass, and I'm not talking about religion.
originally posted by: ketsuko
Would you say the same for a dead relative? Or some random dead person? If we find a dead homeless person, should we just sell their body because no one cares what happens to it?
originally posted by: burdman30ott6
Excellent word for this.
It's amazing to me that we can have a discussion about, say, a cop shooting an aggressive dog, and it being determined that the officer followed all policies and protocols and broke no laws... yet still have a major uproar over it. We can have a situation in which a woman legally shoots a giraffe in Africa, breaking no laws whatsoever, and have a major uproar over it. We can have a president following the laws which allow enhanced interrogation techniques to be performed, and have a major uproar over it. We can have corporation using perfectly legal loopholes to reduce their federal tax burden, and have a major uproar over it... but when we have a major uproar over the ghoulishness of standard PP abortion procedures relating to the bodies of those babies, the same crowd immediately plays the "it's all legal" card to dismiss the issue.
originally posted by: introvert
a reply to: stosh64
It does not permit an action to prevent the dissemination of the unlawfully obtained recording.
They are not ruling on the merit of the videos themselves. They are saying that even if it is unlawfully obtained, it does not pose an immediate risk and therefore the injunction is denied.
That does not mean they may not have further recourse.
Would you say the same for a dead relative?
originally posted by: Aazadan
Edit: It's not performing abortions to collect human tissue, it's collecting human tissue from abortions that are already going to happen. There is a world of difference between the two.