Before Supreme Court now. Issue of whether newsgathering has First Amendment protection as recognized in Branzberg v. Hayes . Cohen v. Cowles Media is being misread by Food Lion because it involved misrepresentation claims that were applied to other defendants. Clear that courts do not like hidden cameras and microphones and secret taping. Until Food Lion is decided by Supreme Court, advice to media must be very cautious.
Plaintiffs use drop-in value of common stock the next day.
They are generally quite risky. May lose some COPS programs until law is clarified. Clearly should stay out of homes and not enter into written agreement with law enforcement personnel. Four justices for stricter scrutiny. Toughening Central Hudson test.