Zacchini v. Scripps-Howard Broadcasting Co.

Background

Hugo Zacchini, an entertainer who performed a 15-second “human cannonball” act at the Geauga County Fair in Ohio, asked a TV reporter not to film him. A Scripps-Howard television crew returned the next day, videotaped his complete act, and showed the 15-second clip on the 11 o’clock news with favorable commentary. Zacchini sued, claiming the station had appropriated his professional property and seeking damages.

Reasoning

The central question was whether the First and Fourteenth Amendments prevent a State from requiring a news broadcaster to compensate an entertainer for showing the performer’s entire act without consent. The Ohio Supreme Court had read federal cases to create a press privilege to broadcast matters of public interest, but the U.S. Supreme Court reversed that part of the Ohio decision. The majority said the Constitution does not forbid a State from protecting a performer’s economic interest when the broadcast of the whole paid act threatens the performer’s ability to earn money; the Court compared the interest to protections like copyright and patents. The Court noted Zacchini did not seek to stop the broadcast, only to recover damages for economic injury.

Real world impact

States may allow entertainers to recover when news broadcasts show their entire paid performances without permission. Broadcasters may need permission or face liability for economic harm to performers. The ruling leaves room for States to define and limit the protection under their own laws and does not permanently prevent reporting of newsworthy facts.

Dissents or concurrances

Three Justices dissented, arguing routine news use of short film clips should be protected by the First Amendment and warning the decision could encourage media self-censorship.