Pro-Life Journalists Seek Appeal to the U.S. Supreme Court in Free Speech, Baby Parts Case

By DeAnn Flanagan

San Francisco, CA – The Center for Medical Progress and its founding members, including Troy Newman, President of Operation Rescue, are seeking to appeal a draconian Ninth Circuit Court of Appeals ruling to the U.S. Supreme Court in order to protect the First Amendment Rights of journalists to report to law enforcement evidence of crimes contained in undercover recordings.

A three-member panel of the liberally activist Ninth Circuit Court of Appeals ruled that additional footage obtained through the CMP’s undercover investigations – even those recordings that contain evidence of criminal conduct committed by Planned Parenthood and National Abortion Federation officials – cannot be released to law enforcement personnel. A requested review by the full Ninth Circuit was denied.

The ruling is related to a federal lawsuit, National Abortion Federation v. CMP, et al, that was filed in 2015 after the CMP released several videos showing Planned Parenthood executives haggling over top dollar to illegally sell aborted baby organs and tissue. The NAF sought to block the further release of possibly incriminating videos.

Attorneys for the American Center for Law and Justice are representing Newman in that case.

A joint motion filed May 5, 2017, is seeking a stay of the Ninth Circuit’s mandate pending the filing of a certiorari petition with the U.S. Supreme Court.

The motion states that the court wrongly upheld a “prior restraint” on CMP’s First Amendment speech, which had captured great public interest. The undercover videos were also the subject of investigations by House and Senate panels that later referred Planned Parenthood organizations to the U.S. Department of Justice and state Attorneys General for further criminal investigation and prosecution.

“Prior restraints are ‘the most serious and least tolerable infringement of First Amendment Rights,’” stated the motion to stay.

So radical was the Ninth Circuit’s ruling that the pro-life leaders’ defense attorneys argued:

Outside the context of trade secrets and classified information, no federal court – other than now this Court – has upheld an order suppressing information of high public interest based simply on the agreement of the parties to do so. Other federal courts have declined to put the weight of their contempt power behind the enforcement of private agreements to defeat the public’s right to know.

“In a case of critical importance to free speech rights, the Ninth Circuit has wrongly barred pro-life citizen journalists from reporting crimes and submitting evidence to law enforcement. Instead, the Court has opted to protect the ability of the NAF and Planned Parenthood to conceal possible criminal activity,” said Cheryl Sullenger, Senior Vice President, Operation Rescue. “The rogue Ninth Circuit has showed their penchant for liberal, pro-abortion judicial activism once again, and we look forward to the U.S. Supreme Court once again overturning one of their grossly unconstitutional decisions.”

Order denying appeal to full Ninth Circuit.
Defense Motion to Stay Mandate pending SCOTUS filing.

  • Nweb

    I pray it goes all the way to the US Supreme Court .

  • liberaldisgust

    Liberals violating the Constitution , Liberal Judges violating the Constitution shielding crime …. these Judges need to be disbarred and charged with crimes against humanity ….. the murder of babies …. the great liberal crusade under the guise of women’s rights ….

  • ChristianZionist

    The Ninth Circuit Court needs to be dissolved, immediately.

  • Momma Beth

    Just vile how deep anti-life influence runs

  • Patricia Ford

    Read http://www.holylove.org The many other messages from heaven, such as at Fatima, Garabandal, Medjugorge, all tell us that we must pray, pray, pray. Reading world new, local news, and national news does enhance our prayer life. Gets us motivated. Pray for our president his cabinet, and congress. And let`s all pray for the salvation of Ruth Baden Ginsburg. She doesn`t have much time to get her act together.

  • USACITIZEN97

    The whole 9th court needs to have the full penalty of TREASON CHARGES RIGHT NOW

  • Bob Taylor

    I don’t know about that stupid state but here in WA a private citizen has arrest powers if they observe a crime being done (selling body parts is a crime) (note;… just try selling your kidney here in the US and watch the court react). Now there is one more aspect…how about the unknown parent (father) of these aborted babies filing a law suit on the selling of their child by a third party? If the people really want to stop abortion they must first make the government allow the unborn child to be used as a legal tax deduction and then that child is a citizen and is criminally murdered by the clinic.

  • Cathleen C C Forche

    i am C.C. Forche, author of the Christian book of arguments w/666 decoded in 9 languages and 5 alphabets 9 what are those odds?) Truth bomb arguments … these are short. share everywhere…EVERYWHERE! The first is “POLY-TICS” and the second is “LAST WEEK”. both Bold as the hell that they are.. SHARE!!! TELL THE PEOPLE!!! go to christiantheoriesandconcepts.com and see all including the code. christianttheoriesandconcepts.com/poly-tics/ christiantheoriesandconcepts.com/last-week/
    God bless, C.C. Forche

  • James Bryson

    Courts protecting the most heinous criminals (murdering babies and selling their bodies) and you wonder why many educated Americans find the legal triple-talk that pollutes our culture, Satanic.

    Read Augustine and Martin Luther King Jr. (Letters from a Birmingham Jail) and be reminded that a secular law (Roe vs. Wade) that violates God’s Law, is no law at all.

  • Jarhead

    How does one explain the ignorance & criminal acts by the 9th ?
    Is it Payola? Drug usage? Stupidity? Brain washing? Brain injury? Blackmail? Hatred of women (Over half murdered by PP are females), Membership in Murder, Inc. (AKA: Planned Parenthood)?
    Select any two? (or more)?

  • DollyT

    Important reading is needed by the Supreme Court.

  • maxx

    It’s about time for the SCOTUS to teach the 9th and 4th Circuit Courts what their only responsibility is (to interpret legislated laws with regard to their Constitutionality) and not to their politically motivated opinions.

  • maxx

    The rulings from the 9th and 4th circuits are overturned 86% of the time. That should be enough proof that these morons are not qualified to sit on any court.

  • maxx

    Yes, if only the SCOTUS could be taught to work 40 hours a week and accept more than a half dozen cases per session. The SCOTUS, like most other court wants us to believe they are really working. Not in my book. They are far from being the gods they think they are.

  • Snowbound

    Praying that justice will prevail :)

  • George Blumel

    HOW LONG WILL THESE 9TH CIRCUIT JUDGES BE ALLOWED TO VIOLATE THEIR OATHS TO UPHOLD THE CONSTITUTION?

  • Michelle Kuiper

    :) As would our Congress but SCOTUS now has a deciding swing in your favor. Be thankful that our thankless, unapologetic government can easily disregard the suffering of millions of people in the name of a God that despised people without compassion, love and who follow selfish desires for their own greed in God’s name. Other “liberals” are deeply, logically frightened by this new approach with no boundaries between rational thought and beliefs. I respect your opinions and beliefs but everyone doesn’t believe with you. best MK

  • Michelle Kuiper

    Both sides use politically motivated opinions and religious interpretations to advocate for their side. Two unworkable options. Both sides’ extremists are to blame. Rational, compassionate ideas are shrugged off and more than half the nation are alarmed.

  • charles

    they think if they hide their crimes from the people they will be able to get away with it.. like they did for years and years after legalization of abortion in 73.. I pray their SINS find them out… because no matter what they do to hide their atrocious behavior from the world, it is NOT hidden from God..may God reveal their crimes to us all… may there be JUSTICE in the land against those who continue to slaughter the innocent for profit.. amen

  • charles

    I HOPE the millions of suffering people you are referring to are the BABIES being slaughtered.. but probably not..and you don’t know God obviously as you label Him without compassion… and say He hates people.. He hates SIN and EVIL… not people.. unfortunately PEOPLE often become the willing vessels of sin and evil and if they insist upon continuing in this behavior long enough they can slip down the slope into a state of such degeneracy it is nearly impossible for them to be redeemed from it… God warns us against sin and evil because when we give ourselves over to it it WILL destroy us and He is not willing that ANY should perish so He does everything possible to save us from our own foolishness… but in the end we still have a CHOICE to sin or not sin.. to be evil or good… and if we CHOOSE evil and sin and deny God and His love we have chosen death… eternal death… don’t go there… please.

  • charles

    Amen… ultimately God wants to save those who are so rabidly sinning against Him… but some will NOT be saved because of their own choices.. prayer is our only real weapon against this tide of sin and evil … and its a powerful weapon.. but first we have to ask God to ‘create a clean heart within us and a right spirit’ before we will be able to pray with power against the evil one and his control of people who have foolishly given themselves over to his ways… its a sacrifice that isn’t easy to make.. it takes submission and will cause us to be rebuked rejected and scorned just like Jesus Himself.. it will mean putting OFF the flesh… and this is NOT easy…but its the only way.

  • charles

    blood lust

  • charles

    interesting idea… about the legal tax deduction ..

  • Gary

    Theses judges should be removed they have been overturned a few times and will be over turn once again they make their own Law I hope these judgeship are removed too liberal making their own law

  • Charlibart

    A bill has been introduced in the Congress which would divide the 9th into two portions.
    The 9th would be relegated to California while a new 12th court would be relegated to the remainder of the current 9th. California can handle the liberality of the 9th as it will be constituted and the remainder of the sane portion of the country currently held under the tyranny of the current 9th will be free to make a new life for itself …. a life of sanity.
    This should have been done years ago.

  • Firm Foundation

    Part of what we are seeing, as the 9th Circuit, and other courts attempt to legislate from the bench is the new/old “functional atheism.” Functional Atheism is radically different from the longstanding, old-school Philosophical Atheism. Old-school Philosophical Atheism contends that God does not exist. But in so doing, they are at least acknowledging that the idea of God exists, and is believed to be true by at least some people. The “new” Functional Atheism simply ignores God Himself, first and foremost, as well as everyone who believes, and every mention or acknowledgement of His existence. This is nothing more than Humanism, and when Humanism is applied to abortion, eugenics and other forms of social engineering, it becomes writ large on the canvas of the sky, and it is written in the blood of its victims. For those who may not know, Humanism is the purely humanistic belief that humans have enough power to eventually change ourselves enough, that all of human nature – especially the bad things – will eventually be trained out – or bred out – of the human genome, or human nature, and we will become perfect. The Bible calls beliefs like this what they are – foolishness. If humanists will only study History, they will see, that left to our own devices, the worst parts of human nature will rapidly come to the fore, and profoundly and forcefully manifest in the worst possible ways. History – even “modern” history – will forcefully demonstrate that this is the truth – but only if it is studied and honestly analyzed to extract the truth. Humanism, on the individual level, is a constant threat that is constantly whining, “But I want what I want when I want it!” Humanism, on the world stage is no better. Even Humanism is powerless to stop the events that will happen if two or more countries decide to go to war, and no matter what weapons will be used. Humanism is a dead end because without God, humans are dead in their sin nature and dead because of their sins. God – belief in Him and His Son Jesus, and the Holy Spirit – are the only hope for life that any individual has. God used to be the hope and blessing of our nation [Psalm 33:12]. Those who believe need to boldly stand up and be counted. Those who believe need to band together to counter unbelievers and the world, the flesh, and the Devil [Ephesians 2:2-3]. Persecution is coming. The Bible tells us so. If we do not resist now, and gain strength while we can, we will have no strength to go on when persecution really does arrive. When – not if – it does, we will need to minister to believers and seekers everywhere. Who will stand up and be counted? Who will say, “Here am I. Send me” [Isaiah 6:8].