The attack is widely viewed as having contributed to a growing perception in the United States that the U.S. had underestimated enemy strength and resolve, and that, in contrast to assurances from Westmoreland and the Johnson administration, there was no "light at the end of the tunnel."
Walter Cronkite visited Vietnam in February 1968, in the immediate aftermath of Tet, and returned home and gave his famous "mired in a stalemate" on-air editorial.
[4] It contended that Westmoreland had contributed to the public reaction to Tet by manipulating intelligence about enemy strength in order to create the impression of progress.
The Sharon jury stated that TIME acted "negligently and carelessly" but did not find evidence of actual malice.
[1] CBS made a motion for a summary judgment, claiming immunity from libel for doing a commentary on a public figure under the precedent established in New York Times v. Sullivan.
Major General Joseph McChristian, Assistant Chief of Staff for Intelligence under Westmoreland, testified at trial that when he had presented new increased enemy strength estimates, Westmoreland had responded that sending these figures to Washington would "create a political bombshell" and would "embarrass my commander in chief [President Johnson].
On February 18, 1985, shortly after McChristian's testimony, with Col. Hawkins still on the stand, and with the five-month trial expected to go to the jury within days, Westmoreland agreed to dismiss the case without payment, retraction or apology from CBS.
Both sides agreed to pay their own legal fees, and Westmoreland and CBS released simultaneous public statements.
For, in court, as on the original program, the general could not get past the testimony of high-ranking former subordinates who confirmed his having colored some intelligence information.
Instead, this high-profile case provided a practical demonstration of what many already understood: That any public figure seeking damages for libel must follow the stringent standards set in the precedent of 376 U.S. 254.
Further, a public figure must prove actual malice, as required by New York Times Co. v. Sullivan, even in the face of allegations of media misconduct.
In response, NBC management fired the news director and producer and issued a public apology in exchange for GM dropping the suit.
In 1994, Philip Morris sued ABC News for an unprecedented $10 billion over the Day One report “Smoke Screen” which exposed their manipulation of nicotine levels,[19] but the case was settled without trial and with an apology.