Freedom of Conscience Defense Fund attorneys representing pro-life journalist David Daleiden and the Center for Medical Progress (CMP) filed multiple motions for summary judgments last week in the Planned Parenthood undercover video case, urging the court to dismiss the abortion giant’s lawsuit.

A motion for summary judgment is a request for the court to rule that the other party has no case because, based on the factual record, the moving party wins under the law. Daleiden and CMP presented evidence sufficient to dismiss the case, demonstrating that Planned Parenthood failed to prove it suffered damages actually attributable to Daleiden and CMP in connection with their videos exposing the abortion industry’s fetal tissue trafficking.

The main points of these summary judgment motions include:

  • Planned Parenthood’s argument that Daleiden and CMP threatened or incited threats against it and its employees is meritless because “Defendants did not make or intend threats, at any time, to Plaintiffs or to anyone else, and that Defendants did not directly advocate any unlawful action.”
  • Planned Parenthood failed to show that it suffered any harm caused by the investigation itself, as opposed to the videos, which are First Amendment protected speech
  • Daleiden and CMP’s investigative activities demonstrably served the good of exposing unethical and illegal conduct of Planned Parenthood and its affiliates
  • By Planned Parenthood’s own admission, its fetal tissue procurement procedures and oversight were substantially improved as a result of CMP videos’ release.

“After litigating this case for years, the facts are in and clear. The evidence shows that David and CMP’s mission was to expose the abortion industry’s unlawful selling of baby body parts and bring to justice the human tissue traffickers. Planned Parenthood’s arguments have no basis in law or facts. On the other hand, the law and the facts plainly show that Planned Parenthood’s lawsuit is a vindictive crusade to destroy a pro-life hero.”

Charles LiMandri, FCDF’s Chief Counsel

In addition to the motions for summary judgments (here and here), Daleiden and CMP filed a special motion to strike (here) Planned Parenthood’s first amended complaint, alleging the lawsuit’s purpose is an attack on their First Amendment rights.

The case is scheduled for trial in September 2019 in the U.S. District Court for the Northern District of California in San Francisco. FCDF’s co-counsel defending Daleiden and CMP include the St. Thomas More Society and the Dhillon Law Group.

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