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1A Victory: Project Veritas Lawsuit Halts Prosecutions of Publishers of Oregon Undercover Recording
Project Veritas Lawsuit Halts Prosecutions of Oregon Law Restricting Undercover Recordings
• Oregon law has changed as a result of Project Veritas’ lawsuit against the state which was filed back when Portland was rocked by nonstop violent rioting.
• After the state of Oregon’s Motion to Dismiss was denied in federal court, Oregon’s Department of Justice sent a letter to all District Attorneys in the state instructing them that state law prohibiting the publishing of undercover recordings “cannot be enforced.”
• The Oregon DOJ letter also added that approval from the Department is required to prosecute cases where District Attorneys believe someone played a part in the recording to ensure the prosecution accounts for federal precedent established for journalists.
[PORTLAND, OR – Mar. 3, 2022] Project Veritas announced in a video published on Thursday that Oregon state law has been affected by a lawsuit the organization filed over a year ago over the state’s strict prohibition on undercover recordings which includes the mere publishing of those recordings.
In the video, Project Veritas CEO James O’Keefe published memos sent from Oregon’s Department of Justice to District Attorneys in the state informing them that the state would no longer prosecute these cases nor would it defend such a prosecution in appeals court.
You may not charge a person under (d) or (e) if you cannot prove that the defendant personally played a role in initially obtaining the recording at issue if the matter is even arguably of public concern. Filing charges under this section requires senior deputy approval that the prosecution passes muster under Bartnicki.
Mike Schmidt, District Attorney, Multnomah County
James O’Keefe called the change to state law a “victory,” but said the “fight is ongoing.” O’Keefe added “We are still challenging aspects of Oregon law to fully protect what the Supreme Court upholds under the First Amendment.”
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