PEAVY v. WFAA-TV, INC.

No. 99-10272.

221 F.3d 158 (2000)

Carver Dan PEAVY; Sally Peavy, Plaintiffs-Appellants-Cross-Appellees, v. WFAA-TV, INC.; Robert Riggs, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

July 31, 2000.


Attorney(s) appearing for the Case

Michael J. Quilling (argued), Kenneth Arthur Hill, Quilling, Selander, Cummiskey & Lownds, Dallas, TX, for Plaintiffs-Appellants-Cross-Appellees.

Scott Ramsey McIntosh (argued), U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for U.S.

William D. Sims, Jr., Thomas S. Leatherbury (argued), Michael L. Raiff, Vinson & Elkins, Dallas, TX, for Defendants-Appellees-Cross-Appellants.

P. Cameron DeVore, Jessica L. Goldman, Davis Wright Tremaine, Seattle, WA, for ABC, Inc., Associated Press, Cable News Network, LP, LLP, CBS Broadcasting, Inc., Central Newspapers, Inc., Cox Enterprises, Inc., Dow Jones & Co., Inc., Hearst Corp., Nat. Ass'n of Broadcasters, Nat. Broadcasting Co., Inc., New Times Inc., New York Times Co., Reporters Com. for Freedom of the Press, Texas Ass'n of Broadcasters and WDSU Television, Inc., Amicus Curiae.

Before POLITZ, JOLLY and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether the First Amendment shields WFAA-TV, Inc., and its reporter, Robert Riggs, from liability for their "use" and "disclosure", in violation of the Federal and Texas Wiretap Acts, of the contents of the Peavys' cordless telephone conversations, illegally intercepted and recorded by the Harmans, with them providing the recordings to Riggs and with Riggs and WFAA having some participation concerning the...

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