The Texas grand jury in charge of investigating alleged misconduct by Planned Parenthood has cleared the clinic of any criminal activity, and instead indicted two of the members of the organization that accused the group of breaking the law.

Emily Bazelon, New York Times Magazine correspondent and panelist on Slate's "Political Gabfest," explained.

But first: do the rules allow a grand jury to indict the people who are doing the accusing?

Bazelon said a grand jury doesn't just switch paths "like a runaway train;" but in this case, if a District Attorney begins to see evidence pointing in another direction, they will shift focus.

As for the first amendment argument, which points out that undercover tactics fall under free speech rights, Bazelon said in most legal cases, journalists lose when they lie. Presenting false information and falsifying identities cross the ethical boundaries of most journalistic bodies, she said.