Westmoreland V. CBS - Significance

Significance

Westmoreland's decision to dismiss the case before the jury reached a decision prevented an appeal that might have created a legal landmark. Instead, this high-profile case provided a practical demonstration of what many already understood: That any public figure seeking damages for libel must follow the stringent standards set in the precedent of New York Times Co. v. Sullivan. Further, a public figure must prove actual malice, as required by New York Times Co. v. Sullivan, even in the face of allegations of media misconduct.

Finally, the case demonstrated an old adage: bringing a libel suit is generally a poor way to burnish a reputation. Westmoreland's suit brought greater attention to the CBS documentary and its allegations against him; the testimony of high-ranking military officers at trial provided further support for those allegations, in a highly public forum. Allegations that might have been forgotten, are now part of any Westmoreland biography.