The Supreme Court rejected Monday a challenge from a pro-life activist seeking to release hundreds of hours of undercover videos of the abortion industry and its alleged sales of fetal body parts.

David Daleiden and his advocacy group, the Center for Medical Progress, asked the high court to review a lower court’s injunction against him sharing more footage allegedly showing crimes in the abortion industry, his attorneys say.

The case was Center for Medical Progress v the National Abortion Federation.

It would have taken four justices to vote in favor of hearing the case for oral arguments to have been scheduled.

Mr. Daleiden’s attorneys said the lower court’s decision to bar their client from releasing the footage ran afoul of First Amendment jurisprudence.

“Federal courts do not have free rein to decide which speech the public has an interest in hearing,” his lawyers wrote in the petition.

Mr. Daleiden and his organization aimed to uncover crimes within the abortion industry and released video footage in 2015 showing the buying and selling of fetal tissue. It gave the public a glimpse into the abortion industry’s business practices.

His undercover operation resulted in congressional hearings being held, changes in abortion-related funding and even criminal charges being filed.

But the National Abortion Federation sued and won to stop him from releasing more videos.

“To this day, Daleiden and CMP remain prohibited from sharing their recordings with law enforcement agencies (even though they believe those recordings depict criminal activity); publishing their footage for public consumption and debate; or even describing their findings. The injunction even prohibits Daleiden from using the footage to defend himself — both in public and in court — against state criminal charges filed against him at the plaintiff’s urging. In short, the lower court decisions muzzle Daleiden’s speech in perpetuity and in all circumstances,” Mr. Daleiden’s petition to the justices read.

Mr. Daleiden has been charged with more than dozen felonies in California for the production of the videos, which abortion industry advocates claim violated privacy rights.

He also was ordered to pay abortion industry officials, including Planned Parenthood, more than $2 million in civil damages. 

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.