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Major First Amendment Victory: D.C. Circuit Overturns Verdict Against James O’Keefe, Rules Undercover Journalism Is Protected Speech

In a major First Amendment and investigative-reporting win, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has overturned a jury verdict and damages award against James O’Keefe and undercover journalist Allison Maass stemming from a Project Veritas investigation into Democracy Partners.

The panel ruled 2-1 that the First Amendment protects publishing undercover footage and that the damages improperly punished protected journalistic activity.

O’Keefe announced the decision in a video posted on his X account Friday evening, saying his faith in the future of journalism has been restored after the appellate court, including a Democrat-appointed judge, set a powerful precedent for undercover work nationwide.

WATCH:

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