D.C. Circuit nullifies damages from Project Veritas video over First Amendment limits

The D.C. Circuit, with Judge Karen LeCraft Henderson joined by Judge Harry Edwards, affirmed that most of Project Veritas's "Rigging the Election" video was constitutionally protected, as it stemmed from lawful recordings of conversations with Democratic consultant Scott Foval. The court distinguished those portions from the secretly recorded footage obtained by reporter Allison Maass while she infiltrated Democracy Partners, which was ruled unprotected.

Since the loss of Bob Creamer's consulting contracts with AFSCME and AUFC was primarily triggered by the protected content, the damages award based on the entire video was vacated. The judges held that the plaintiff must prove the unprotected material was the sole cause of his losses, which the evidence did not support. A partial dissent suggested a nominal award for the fraud finding, but the majority dismissed the full damages. Attorneys Benjamin Barr and Stephen R. Klein represent O'Keefe and Maass in the case.