In a complaint filed in San Francisco federal court, the National
Abortion Federation, a nonprofit representing abortion providers,
accused the Center for Medical Progress and its founder, David
Daleiden, of illegally infiltrating and recording its private
meetings.
U.S. District Judge William Orrick late Friday issued a temporary
restraining order blocking the defendants from releasing videos and
audio recordings containing NAF member names and addresses, and
dates and locations of future meetings, pending a hearing on Monday.
Orrick said the NAF would likely prevail on the merits of its
lawsuit, and said it could face "harassment, intimidation, violence,
invasion of privacy, and injury to reputation" absent a halt.
The NAF is also seeking compensatory and punitive damages.
Daleiden in a statement said the Center for Medical Progress
"follows all applicable laws in the course of our investigative
journalism work" and will contest any attempts to suppress its
constitutional rights under the First Amendment. He has said his
Irvine, California-based group plans to release more videos.
Release of the earlier videos prompted calls in Congress to cut off
funding for Planned Parenthood, and the Republican-led Senate may
vote on such a bill in August.
It is unlikely that Congress could override a potential White House
veto.
Planned Parenthood has said that the video was heavily edited and
falsely portrayed its "participation in tissue donation programs
that support life-saving scientific research."
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Friday's lawsuit followed what the NAF called the Center for Medical
Progress' release in July of four "misleading" and "heavily edited"
videos, some of which named NAF members, to advance its goal of
ending safe access to abortions, and stopping legal fetal tissue
donations that can help save lives.
The lawsuit also accused Daleiden of creating the sham Biomax
Procurement Services, which held itself out as a legitimate fetal
tissue procurement company, in 2013 to trick abortion providers and
gain access to NAF meetings.
"The safety and security of our members is our top priority," NAF
President Vicki Saporta said in a statement. "That security has been
compromised."
Polls show that a majority of Americans want abortion to remain
legal at least under some circumstances.
The U.S. Supreme Court is closely divided on the issue, and may soon
have multiple vacancies. Four justices are at least 76 years old.
The case is National Abortion Federation v Center for Medical
Progress et al, U.S. District Court, Northern District of
California, No. 15-03522.
(Reporting by Jonathan Stempel in New York; Editing by Bernadette
Baum, Jonathan Oatis and Leslie Adler)
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