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Zacchini v. Scripps-Howard Broadcasting Co. | 433 U.S. 562 (1977)
When human cannonball Hugo Zacchini launched himself from his cannon at the Geauga County Fair, he never expected to land at the United States Supreme Court. But a dispute about whether a TV station could broadcast his act raised unexpected constitutional issues. The cannonball’s in the Court in the case of Zacchini versus Scripps-Howard Broadcasting.
Zacchini’s act sent him on a fifteen-second flight through the air into a net two hundred feet away. In the summer of 1972, Zacchini performed at the fair in Geauga County, Ohio. His show took place in a fenced area within the fairgrounds, surrounded by grandstands.
Scripps-Howard Broadcasting Company operated a television station. A freelance reporter for Scripps attended the fair, carrying a small movie camera. Spotting the camera, Zacchini asked the reporter not to film his show. Although the reporter initially complied, the next day he returned on instructions from a Scripps news producer and filmed Zacchini’s whole fifteen-second act. Scripps showed the film clip of Zacchini’s flight on its eleven o’clock news program that evening.
Zacchini sued Scripps for damages, alleging that, by broadcasting his act without his consent, Scripps had unlawfully appropriated his professional property. The trial court granted Scripps’s motion for summary judgment. The Ohio Court of Appeals reversed. The Supreme Court of Ohio reinstated the trial court’s judgment, holding that Scripps had a constitutional privilege to broadcast Zacchini’s act because it was newsworthy. The United States Supreme Court granted cert.
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