Westmoreland v. CBS
Encyclopedia
Westmoreland v. CBS was a $120 million libel suit brought by former U.S. Army Chief of Staff General William Westmoreland
against CBS Television
for the televising of a documentary entitled The Uncounted Enemy: A Vietnam Deception
, narrated by the investigative reporter
, Mike Wallace
. It was shown on January 23, 1982. This case was a follow-up to the landmark
New York Times Co. v. United States
decision, which held that the government must meet a high standard of proof before it can prevent publication (prior restraint
). The suit was originally filed in a state court but was transferred to the United States District Court for the Southern District of New York
.
The trial ended in February 1985 when the case was settled out of court just before it would have gone to the jury
.
in Vietnam
. He was in command during the Tet Offensive, a surprise attack on the U.S. forces by the combined forces of the National Front for the Liberation of South Vietnam
and the Vietnam People's Army
in 1968. At the time, the U.S. response was seen as a failure in U.S. tactics partly because the heavy loss of life due to the underestimation of the numbers of opposition forces by the U.S. The documentary primarily blamed Westmoreland, as commanding general at the time, claiming he participated in a conspiracy to cover up the estimates of troop strength. However, Westmoreland believed the documentary portrayed him inaccurately and unfairly, and decided to sue CBS for libel.
The case was influenced by a libel suit by a prominent Israeli military figure, Ariel Sharon
, against TIME
magazine for publishing an article that accused Sharon of pressuring Lebanese
militia forces to massacre Palestinians
in 1982. Sharon sued TIME in November 1984, and January 25, 1985 the jury found for the defendant while Westmoreland v. CBS was in progress. The jury stated that TIME acted "negligently and carelessly" but did not find evidence of actual malice
.
The trial began on October 9, 1984. CBS made a motion
for a summary judgment
, claiming immunity from libel for doing a commentary on a public figure under the precedent established in New York Times v. Sullivan. At the onset, the presiding judge ruled that under New York Times Co. v. Sullivan
and the First Amendment
, Westmoreland, as a public figure
, must prove by "clear and convincing evidence" that CBS acted with intentional malice
in gathering the evidence and putting it together in the documentary. This is legally a heavy burden of proof and a much higher standard than a nonpublic figure would need to sue for defamation.
On February 18, 1985, just a few weeks after Sharon lost his case, Westmoreland agreed to settle his case out of court before going to the jury. Each side agreed to pay their own legal fees but Westmoreland received no compensatory damages. Westmoreland and CBS released a public statement saying CBS did not assert "General Westmoreland was unpatriotic or disloyal in performing his duties as he saw them."
in a libel suit, even in the face of strong evidence of media
misconduct.
William Westmoreland
William Childs Westmoreland was a United States Army General, who commanded US military operations in the Vietnam War at its peak , during the Tet Offensive. He adopted a strategy of attrition against the National Liberation Front of South Vietnam and the North Vietnamese Army. He later served as...
against CBS Television
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
for the televising of a documentary entitled The Uncounted Enemy: A Vietnam Deception
The Uncounted Enemy
The Uncounted Enemy: A Vietnam Deception was a controversial television documentary aired as part of the CBS Reports series on January 23, 1982...
, narrated by the investigative reporter
Investigative journalism
Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, often involving crime, political corruption, or corporate wrongdoing. An investigative journalist may spend months or years researching and preparing a report. Investigative journalism...
, Mike Wallace
Mike Wallace (journalist)
Myron Leon "Mike" Wallace is an American journalist, former game show host, actor and media personality. During his 60+ year career, he has interviewed a wide range of prominent newsmakers....
. It was shown on January 23, 1982. This case was a follow-up to the landmark
Landmark decision
Landmark court decisions establish new precedents that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law...
New York Times Co. v. United States
New York Times Co. v. United States
New York Times Co. v. United States, 403 U.S. 713 , was a United States Supreme Court per curiam decision. The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.President Richard Nixon had...
decision, which held that the government must meet a high standard of proof before it can prevent publication (prior restraint
Prior restraint
Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
). The suit was originally filed in a state court but was transferred to the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
.
The trial ended in February 1985 when the case was settled out of court just before it would have gone to the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
.
Circumstances
U.S. Army General William C. Westmoreland served four years, from 1964 to 1968, as commander of the U.S. military forcesMilitary of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
in Vietnam
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
. He was in command during the Tet Offensive, a surprise attack on the U.S. forces by the combined forces of the National Front for the Liberation of South Vietnam
National Front for the Liberation of South Vietnam
The Vietcong , or National Liberation Front , was a political organization and army in South Vietnam and Cambodia that fought the United States and South Vietnamese governments during the Vietnam War . It had both guerrilla and regular army units, as well as a network of cadres who organized...
and the Vietnam People's Army
Vietnam People's Army
The Vietnam People's Army is the armed forces of Vietnam. The VPA includes: the Vietnamese People's Ground Forces , the Vietnam People's Navy , the Vietnam People's Air Force, and the Vietnam Marine Police.During the French Indochina War , the VPA was often referred to as the Việt...
in 1968. At the time, the U.S. response was seen as a failure in U.S. tactics partly because the heavy loss of life due to the underestimation of the numbers of opposition forces by the U.S. The documentary primarily blamed Westmoreland, as commanding general at the time, claiming he participated in a conspiracy to cover up the estimates of troop strength. However, Westmoreland believed the documentary portrayed him inaccurately and unfairly, and decided to sue CBS for libel.
The case was influenced by a libel suit by a prominent Israeli military figure, Ariel Sharon
Ariel Sharon
Ariel Sharon is an Israeli statesman and retired general, who served as Israel’s 11th Prime Minister. He has been in a permanent vegetative state since suffering a stroke on 4 January 2006....
, against TIME
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
magazine for publishing an article that accused Sharon of pressuring Lebanese
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
militia forces to massacre Palestinians
Palestinian people
The Palestinian people, also referred to as Palestinians or Palestinian Arabs , are an Arabic-speaking people with origins in Palestine. Despite various wars and exoduses, roughly one third of the world's Palestinian population continues to reside in the area encompassing the West Bank, the Gaza...
in 1982. Sharon sued TIME in November 1984, and January 25, 1985 the jury found for the defendant while Westmoreland v. CBS was in progress. The jury stated that TIME acted "negligently and carelessly" but did not find evidence of actual malice
Actual malice
Actual malice in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." Reckless disregard does not...
.
Trial
Although CBS claimed that they believed the evidence in the documentary to be true, Westmoreland charged that the investigators asked biased and slanted questions, selectively edited interviews (for example, giving a two-minute excerpt of a 90-minute interview and portraying that selection as representative), and selectively chose persons to interview supportive of CBS's point of view. He also charged CBS with editing interview tapes dishonestly and taking statements out of context. Westmoreland charged CBS with reckless misstatements of evidence and contended these distortions indicated malice.The trial began on October 9, 1984. CBS made a motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
for a summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
, claiming immunity from libel for doing a commentary on a public figure under the precedent established in New York Times v. Sullivan. At the onset, the presiding judge ruled that under New York Times Co. v. Sullivan
New York Times Co. v. Sullivan
New York Times Co. v. Sullivan, 376 U.S. 254 , was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the...
and the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, Westmoreland, as a public figure
Public figure
Public figure is a legal term applied in the context of defamation actions as well as invasion of privacy. A public figure cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with actual malice...
, must prove by "clear and convincing evidence" that CBS acted with intentional malice
Actual malice
Actual malice in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." Reckless disregard does not...
in gathering the evidence and putting it together in the documentary. This is legally a heavy burden of proof and a much higher standard than a nonpublic figure would need to sue for defamation.
On February 18, 1985, just a few weeks after Sharon lost his case, Westmoreland agreed to settle his case out of court before going to the jury. Each side agreed to pay their own legal fees but Westmoreland received no compensatory damages. Westmoreland and CBS released a public statement saying CBS did not assert "General Westmoreland was unpatriotic or disloyal in performing his duties as he saw them."
Significance
Any public figure seeking damages for libel must follow the stringent standards set in the precedent of New York Times Co. v. Sullivan. A public figure must prove actual maliceActual malice
Actual malice in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." Reckless disregard does not...
in a libel suit, even in the face of strong evidence of media
Mass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
misconduct.