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Westmoreland v. CBS, Inc.

97 F.R.D. 703 (1983)

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Westmoreland v. CBS, Inc.

United States District Court for the Southern District of New York
97 F.R.D. 703 (1983)

Facts

CBS, Inc. (defendant) broadcast a documentary film in January 1982 entitled The Uncounted Enemy: a Vietnam Deception. General William Westmoreland (plaintiff), who commanded the U.S. Army from 1964 to 1968, sued CBS for libel on the grounds that the documentary accused him of participating in a conspiracy to misrepresent the enemy’s strength in the Vietnam War. Westmoreland publicly condemned the documentary shortly after its broadcast. The president of CBS News, Van Gordon Sauter, instructed senior executive producer Benjamin Burton to investigate the documentary. Burton gave Sauter his findings (the Benjamin Report), and Sauter issued a public memorandum (the Sauter Memo) based on the findings. The Sauter Memo referenced the Benjamin Report to show it was acting in good faith, discussed how thorough the investigation was, and summarized the Benjamin Report’s evidence and conclusions. The Sauter Memo concluded by suggesting that the Benjamin Report verified the assertions made in the documentary. Both parties agreed that the Benjamin Report contained information that would likely lead to the discovery of relevant evidence. Westmoreland filed a motion to compel production of the Benjamin Report. CBS argued that the report was covered by the privilege for confidential self-evaluation.

Rule of Law

Issue

Holding and Reasoning (Leval, J.)

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