In National Abortion Fed'n v. Center for Medical Progress, decided Friday, the Ninth Circuit (Judges Sidney Thomas, Margaret McKeown, and Richard Clifton) upheld the constitutionality of a permanent injunction that ordered the Center for Medical Progress and David Daleiden not to distribute material that they had recorded at NAF conferences:
The Supreme Court has held that First Amendment rights may be waived upon clear and convincing evidence that the waiver is knowing, voluntary, and intelligent. Janus v. AFSCME (2018). Defendants knowingly, voluntarily, and intelligently waived any First Amendment rights in disclosing the information they obtained at the NAF conferences by signing the agreements with NAF. Daleiden voluntarily signed the agreements, and testified that he was familiar with the contents. The agreements unambiguously prohibited him from making records, disclosing recordings, and from disclosing any information he received from NAF. His waiver of First Amendment rights was demonstrated by clear and convincing evidence….
I think this is likely correct, for reasons discussed here and here. Here's a portion of an earlier District Court decision quoting the specific nondisclosures agreements:
