A Washington, D.C. appeals court ruled in favor of conservative activist James O’Keefe regarding undercover video clips he published about violence at Donald Trump campaign rallies during the 2016 presidential election. The court overturned a lower court's decision that awarded $130,000 in damages to a Democratic consultant who claimed fraudulent misrepresentation and wiretapping by O’Keefe's media company, Project Veritas.
O’Keefe, who is the founder and former CEO of Project Veritas, successfully appealed the jury's decision from 2022. The three-judge panel, which included one dissenting judge, agreed to discard the damages judgment. The video in question, titled “Rigging the Election,” alleged that Democratic operatives, including Robert Creamer, sought to incite violence at Trump rallies.
Creamer, who is married to Rep. Jan Schakowsky (D-IL), distanced himself from his election work following the video's release. He and his group sued O’Keefe and an undercover reporter, Alison Maass, over the methods used to obtain the video. The federal jury initially ruled in favor of Democracy Partners, prompting O’Keefe and Maass to appeal, arguing that the damages violated their First Amendment rights.
Circuit Judge Karen LeCraft Henderson stated that the damages award punished the defendants for publishing a news story, which violated the First Amendment. While the judges agreed that some videos were obtained fraudulently, they concluded that the majority of the footage complied with legal standards. Judge Robert Wilkins dissented in part, suggesting that the jury's finding of liability for fraudulent misrepresentation should be affirmed but with a reduced damages award.
O’Keefe expressed his satisfaction with the ruling, stating that it has significant implications for undercover journalism. An attorney for Creamer and Democracy Partners expressed disappointment with the decision and indicated that they are considering their options moving forward.