Court stops release of undercover pro-life videos

This is a RUSH transcript from "The O'Reilly Factor," July 30, 2015. This copy may not be in its final form and may be updated.
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O'REILLY: "Impact Segment" tonight. As we reported last night, business out of Placerville, California called Stem Express, making millions of dollars selling the body parts of dead babies. That group was part of the undercover sting videos made by the pro-life outfit Center for Medical Progress.

Well now, Stem Express has asked the court to block the release of any further videos where the company employees are involved. Stem Express not wanting the folks to see what they're doing.

Joining us now from Mountain View, California Lila Rose, president of Live Action another pro-life group; and from Los Angeles Troy Slaten, defense attorney and former prosecutor.

So I understand Counselor, Stem Express won in court at least in the short run. Tell us what happened.

TROY SLATEN, CRIMINAL DEFENSE ATTORNEY: So Stem Express sought a temporary restraining order to stop the Center for Medical Progress for releasing this video that they claim was illegally recorded. So the court issued a very narrow temporary restraining order for a short amount of time, only for less than a month to give both sides the ability to conduct some discovery and decide whether the restraining order should continue.

O'REILLY: Ok. Now in California, it's a two-party state. So when you're in a personal conversation, both parties have to consent to any taping. However --

SLATEN: Well, yes and no. It's a two-party state on the telephone. But in person, you're allowed to record somebody as long as it's not -- as long as the person that you're recording doesn't have a reasonable expectation of privacy. So you can go out and record, put on a secret camera and record all your comings and goings all day if you want to.

O'REILLY: In a restaurant, in a public place. But you couldn't go into somebody's home and then record them and then walk out and put the recording on television. But if you're in a public place where there is, you know, you could be overheard or whatever, that's the difference, correct?

SLATEN: Generally, yes.

O'REILLY: Ok, now the Stem Express videos we have seen have been in public places, have they not?

SLATEN: Yes, it looks like they're out in public where people could easily overhear it.

O'REILLY: Yes. They're not in the Stem Express building or wherever they conduct their business. So do you believe then, Mr. Slaten, that this will be overturned and that more videos from Stem Express will come out?

SLATEN: I think eventually. The law really disfavors what's called a prior restraint, which is the fancy legal word for a court telling somebody not to exercise their free speech.

O'REILLY: Yes. And in this case, there is a public right to know that's important. Look, this business is making millions of dollars selling baby body parts. The public should know what they're doing. So that --

SLATEN: Yes. But that public right --

O'REILLY: Go ahead.

SLATEN: -- that doesn't override the heavy privacy interest that California places on confidential communications.

O'REILLY: Ok, I understand that. But if there's, you know, if it's close, you've got to be, you know, you would assume the court would rule, because it's not a frivolous thing or a private thing. This is a public thing.

All right. Miss Rose --


O'REILLY: -- you have done these undercover stings for your organization. We have used them on The Factor. I wanted to know whether you think the tide is turning in this country against Planned Parenthood.

LILA ROSE, PRESIDENT, LIVEACTION.ORG: I think it's absolutely turning, Bill. I mean, look at the videos from the Center for Medical Progress. They've been viewed millions of times. You have top executives, top abortionists at Planned Parenthood now time and time again exposed, haggling and negotiating over the selling of the body parts of the children that they have just aborted.

People are outraged on both sides of the aisle. Even from the Democratic side which is more traditionally pro-abortion, when they shouldn't be --

O'REILLY: You know, that's an interesting point you're making.

ROSE: -- fighting for life.

O'REILLY: And I want to show another video that just came into The Factor today. Roll the tape.

All right. So they're looking at a dead baby. We blurred it out. Or dead fetus, depending on your belief system. They're trying to figure out how much to charge for these organs. They want to show the undercover buyer what the organs look like. It's almost beyond belief, it really is -- Miss Rose.

ROSE: They're behaving like butchers. They're behaving like butchers. And I think human rights should be bipartisan. That's why even folks like Senator O'Malley. You have folks like Martin O'Malley. You have others, Senator Bernie Sanders coming out and kind of expressing being upset about the videos. They themselves, even Hillary Clinton has come and expressed that she's upset and that there should be an investigation although she's trying to kind of deflect a little bit.

So you're going to see in coming weeks as more videos emerge, more and more people on both sides of the aisle distancing themselves, expressing outrage and questioning that we're funding Planned Parenthood over half a billion dollars a year. It's sick. Half of a billion -- $1.4 million a day. It's got to stop. We have to defund them.

O'REILLY: I know it's an amazing story. A really amazing story.

Miss Rose, Counselor -- thank you.

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