"Undercover Reporters, Tort Law, and the First Amendment: Food Lion v. ABC and the Future of Surreptitious Newsgathering" - Daniel A. Levin and Alan C. Roline - Kansas Journal of Law and Public Policy

"Undercover Reporters, Tort Law, and the First Amendment: Food Lion v. ABC and the Future of Surreptitious Newsgathering" - Daniel A. Levin and Alan C. Roline - Kansas Journal of Law and Public Policy

by: Daniel A. Levin, Alan C. Roline | publication date: January 1, 2002 | Publication: Kansas Journal of Law and Public Policy | volume: 11 | pages: pp. 575-628

". . .Because most of the alleged Food Lion misconduct occurred only in non-public areas of the stores, Dale and Barnett decided it would be necessary to pose as Food Lion employees to document whether the allegations were true. They planned to hide small video cameras and audio equipment on their persons, and use these devices to record the actions and statements of other Food Lion employees. Because Food Lion would not knowingly hire ABC reporters whose purpose was to investigate Food Lion’s practices, Dale and Barnett, with the UFCW’s help, created false identities and backgrounds, complete with supporting documentation. ABC’s upper management and legal department reviewed and approved all of the above activities. . ."

Does reporting undercover and lying about your identity constitute fraud? This article covers the Food Lion controversy in detail.

Copyrighted, used with permission.