[Ed. – California would prefer to shoot the messenger to fixing the problem outlined in the message.]
A California judge has refused to quash the search warrant that led to the criminal prosecution of pro-life investigative journalists David Daleiden and Sandra Merritt.
Judge Christopher C. Hite made the decision in a 15-page ruling Monday afternoon.
Hite rejected the defense argument that Daleiden is a “citizen journalist” and therefore protected by California’s Shield Law.
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“[E]ven assuming Daleiden was a journalist at the time of the recordings his actions would not be protected by the California Shield Law or the Federal Privacy Protection Act under the circumstances alleged in the search warrant,” he wrote.
Moreover, the anti-eavesdropping law under which Daleiden is charged “does not contain an express exception for media, journalists or other First Amendment protected news-gathering agencies or activities,” Hite wrote.