Publication Date
5-31-2024
Document Type
Article
Organizational Units
Sturm College of Law
Keywords
Constitutional law, First amendment, Freedom of the press, Journalism
Abstract
This essay discusses the continuing shadow of Food Lion, Inc. v. Capital Cities/ABC, Inc., which looms over the efforts of journalists and, increasingly of other citizens, to engage in undercover investigations to discover and disseminate truthful information on matters of profound public concern. At a time when many impediments to freedom of the press have emerged, legal barriers to undercover investigations suppress a key newsgathering tool that was once an important part of the news media ecosystem. After describing the extensive litigation battle in the case, the essay argues that the decision continues to cast a chilling effect over journalists and others who wish to conduct undercover investigations to unveil information of profound public concern. The essay concludes by calling for reconsideration of the Food Lion framework and articulation of a limited First Amendment privilege to protect undercover investigators from both targeted and generally applicable criminal and civil laws.
Publication Statement
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Originally published as Chen, Alan K., The Long Shadow of Food Lion (May 31, 2024), https://knightcolumbia.org/blog/the-long-shadow-of-food-lion
Recommended Citation
Chen, Alan K., The Long Shadow of Food Lion (May 31, 2024), https://knightcolumbia.org/blog/the-long-shadow-of-food-lion