Cbs, Inc. v. Davis, 510 U.S. 1315 (1994)

CBS, Inc. v. Davis


No. 020994


Decided February 9, 1994
510 U.S. 1315

ON APPLICATION FOR STAY

Syllabus

A South Dakota Circuit Court injunction prohibiting CBS from airing videotape footage taken at a South Dakota meatpacking company is stayed. The decision below conflicts with this Court’s decisions on prior restraint in the First Amendment context. See, e.g., Organization for Better Austin v. Keefe, 402 U.S. 415, 419; Nebraska Press Assn. v. Stuart, 427 U.S. 539, 562. There is a reasonable probability that the case would warrant certiorari, and the broadcast’s indefinite delay will cause irreparable harm to the news media that is intolerable under the First Amendment. The Amendment requires that the company remedy any harms it might suffer as a result of the broadcast through a damages proceeding, rather than through suppression of protected speech.