"Fruit of the Poisonous Tree": Journalistic Ethics and Voice-Mail Surveillance

Abstract

A 1998 Cincinnati Enquirer investigation into the Central American labor practices of Chiquita Brands International was substantiated by the taped words of company officials themselves. Yet, soon after publication, the Enquirer ran a stunning front-page retraction and disavowed the report without challenging its claims. The Gannett Corporation, the paper's owner, paid Chiquita $14 million to avoid a suit. The resultant outcry by journalists was directed not at Gannett, but at lead reporter Michael Gallagher, who had surreptitiously accessed Chiquita voice mail to support his allegations. Rather than being lauded as a tough investigative reporter serving a greater good, Gallagher was fired, convicted, sued by Chiquita, and vilified in the media. Was the backlash driven simply by higher ethical standards or also by anxieties about intrusive technology? A reexamination of the case suggests the latter explanation and helps frame an evolving debate about electronic eavesdropping by the media.