Court sides with conservative activist James O’Keefe in First Amendment case

Published August 22, 2026 10:56am ET | Updated August 22, 2026 10:56am ET



A Washington, D.C., appeals court sided with conservative activist James O’Keefe in a case revolving around undercover video clips he published regarding Democratic consultant-backed violence outside Donald Trump campaign rallies during the 2016 presidential election.

O’Keefe, the founder and former CEO of Project Veritas, had appealed a lower court’s 2022 jury decision to award the Democratic consultant targeted by his media company’s undercover video $130,000 in damages based on claims of fraudulent misrepresentation and wiretapping. O’Keefe’s appeal proved successful on Friday, when the three-judge panel agreed, with one judge dissenting in part, to discard the $130,000 damages judgment.

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