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...celebrated suit brought by the supermarket chain Food Lion against ABC has frequently been misrepresented as a grand constitutional battle, a conflict over whether the First Amendment lets reporters commit fraud. The recent federal appeals court decision throwing out almost all of the damages against ABC represents a narrowly and wisely drawn opinion that protects press freedoms without giving the news media an open license to violate...
...episode of ABC's "PrimeTime Live," two undercover reporters with hidden cameras applied for jobs and began work at Food Lion supermarkets in North and South Carolina. The footage they produced was aired in 1992 as part of a story accusing the supermarket chain of redating out-of-date beef, bleaching meat to hide its odor and mixing old meat in with new. The day after the PrimeTime Live episode, Food Lion's stock price fell by more than 10 percent...
Food Lion promptly sued the network--but not for libel, which would be appropriate if the story were false. Instead, the chain blamed its losses on the false job applications the reporters filed and their breach of loyalty to their "employer." A jury originally awarded Food Lion more than $5 million in damages; the excessive figure was reduced by the district court to about $300,000. Yet in a 2-1 decision on Oct. 20, a panel of the Fourth Circuit Court of Appeals threw out all but $2 of the damages, affirming the principle that the press cannot...
Investigative journalists breathed a collective sigh of relief Wednesday when a federal appeals court ruled that ABC won?t have to pay supermarket chain Food Lion a substantial damage award after all. The decision reverses a verdict that had been seen as a significant erosion of First Amendment rights. At issue was a 1992 "Primetime Live" expos? of unsanitary Food Lion practices such as bleaching old meat to cover its odor and re-dating foods. A North Carolina jury awarded Food Lion $5.5 million (later reduced to $350,000), reasoning that although the allegations were true, the undercover methods used...
...images of scruffy activists blocking railroad tracks to stop nuclear-waste shipments or challenging whaling ships in rubber rafts. So it's surprising to find in the ranks of this radical green group a button-down business tycoon named Malcolm Walker, who heads Iceland, a British retail food chain with 760 stores and annual revenues of $2.7 billion. But Walker, 53, whose personal fortune of $40 million puts him on the British "Rich List" compiled by the Sunday Times of London, sees nothing incongruous about his consorting with environmental militants. "I wear a suit. I run a company...