Food Lion, Inc. v. Capital Cities/ABC, Inc.

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Food Lion, Inc. v. Capital Cities/ABC, Inc.
Seal of the United States Court of Appeals for the Fourth Circuit.svg
Court United States Court of Appeals for the Fourth Circuit
Full case name Food Lion, Inc. v. Capital Cities/ABC, Inc., et al.
DecidedOctober 20, 1999 (1999-10-20)
Case history
Appealed from United States District Court for the Middle District of North Carolina
Court membership
Judges sitting
Case opinions
MajorityMichael, joined by Motz
Concur/dissentNiemeyer

Food Lion, Inc. v. Capital Cities/ABC, Inc., 194 F.3d 505 (4th Cir. 1999), was a case in which the United States Court of Appeals for the Fourth Circuit held that two PrimeTime Live journalists had trespassed and breached their duty of loyalty, but had not committed fraud, when they secured jobs at Food Lion under fake identities and secretly took video and audio recordings. The journalists were acting on a tip that Food Lion was engaging in deceptive practices in selling meat, including grinding expired and fresh beef together and bleaching meat to mask its smell.

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References and further reading

Academic sources

  • Scheim, Charles C. (1998). "Trash tort or trash TV?: Food Lion, Inc. v. ABC, Inc., and tort liability of the media for newsgathering". St. John's Law Review . 72 (1): 185–218. Retrieved November 22, 2025.
  • Carmody, Cris (1999). "Applying a persona test for newsgathering privilege to Food Lion v. Capital Cities/ABC". Northwestern University Law Review . 93 (4): 1287–1328.
  • Levin, Daniel A.; Roline, Alan C. (2001). "Undercover reporters, tort law, and the First Amendment: Food Lion v. ABC and the future of surreptitious newsgathering". Kansas Journal of Law & Public Policy . 11 (3): 575–628.
  • Chen, Alan K. (May 31, 2024). "The long shadow of Food Lion". Knight First Amendment Institute . Retrieved November 22, 2025.

Other sources

  • Food Lion, Inc. v. Capital Cities/ABC, Inc.,194F.3d505(4th Cir. 1999).