CBS, Inc. v. Davis

CBS, Inc., and related media organizations (collectively, CBS) (defendants) were conducting an ongoing investigation into the sanitation practices at meatpacking plants. In cooperation with CBS, an employee of Federal Beef Processors, Inc. (Federal) (plaintiff) voluntarily agreed to wear concealed camera equipment during his shift one day inside Federal’s plant. Subsequently, CBS obtained the video footage of Federal’s meatpacking operations, which CBS intended to broadcast without revealing Federal as the source of the material, but rather, to show industry practices. Federal sued CBS to stop the broadcast, alleging claims of trespass and violation of the Uniform Trade Secrets Act. A South Dakota circuit court entered a temporary restraining order, precluding the broadcast of any footage of the interior of Federal’s plant. The court found that disclosure could result in a refusal to purchase Federal’s beef, causing significant economic harm to Federal, and dissemination of Federal’s confidential processes. Although the court found no evidence of criminal activity, the court indicated that the videotape was obtained through CBS’s “calculated misdeeds.” The state’s appellate court denied CBS’s request for a stay of the injunction. CBS sought writ relief from the United States Supreme Court based on a claimed violation of the First Amendment.