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.
Read more about this topic: Westmoreland V. CBS
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“The hypothesis I wish to advance is that ... the language of morality is in ... grave disorder.... What we possess, if this is true, are the fragments of a conceptual scheme, parts of which now lack those contexts from which their significance derived. We possess indeed simulacra of morality, we continue to use many of the key expressions. But we havevery largely if not entirelylost our comprehension, both theoretical and practical, of morality.”
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