There's no question that activist David Daleiden surreptitiously recorded healthcare and biomedical services employees across the state of California with the intent of discrediting the healthcare provider, Planned Parenthood. It's against state law to record confidential conversations without the consent of all the parties involved. But that doesn't mean that California Atty. Gen. Xavier Becerra should have charged Daleiden and his co-conspirator, Susan Merritt, with 15 felony counts one for each of the 14 people recorded, and a 15th for conspiracy. It's disturbingly aggressive for Becerra to apply this criminal statute to people who were trying to influence a contested issue of public policy. In similar cases, we have denounced moves to criminalize such behavior, especially in the case of animal welfare investigators who have gone undercover at slaughterhouses and other agricultural businesses to secretly record horrific and illegal abuses of animals. That work, too, is aimed at revealing wrongdoing and changing public policy. The videos ... were published online nearly two years ago by Daleiden's organization, the Center for Medical Progress. Officials of Planned Parenthood, whose staff members were seen on some of the recordings, denied any wrongdoing. Still, the online posting of the edited tapes triggered more than a dozen different state investigations ... and several now concluded congressional investigations into whether fetal tissue was being sold.
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