 At the onset, the presiding judge ruled that under "New York Times Co. v. Sullivan" and the First Amendment, Westmoreland, as a public figure, must prove by "clear and convincing evidence" that CBS acted with actual malice in gathering the evidence and putting it together in the documentary.This is legally a heavy burden of proof and a higher standard than a nonpublic figure would need to sue for defamation.A conservative public-interest law firm, Capital Legal Foundation, brought the suit on September 13, 1982 on Westmoreland's behalf, and its president, Dan Burt, served as Westmoreland's "pro bono" attorney.