The U.S. Supreme Court case Zacchini v. Scripps-Howard Broadcasting Co., 1976, revolved around the issue of copyright infringement and right to publicity versus freedom of press. Hugo Zacchini, a performer known for his human cannonball act, sued Scripps-Howard Broadcasting Company after they filmed and broadcasted his entire 15-second performance without permission on their news program. The Ohio courts initially sided with the broadcasting company citing First Amendment rights; however, upon reaching the Supreme Court, it was ruled in favor of Zacchini by a vote of 5 to 4. The court held that while newsworthiness is an aspect protected under First Amendment rights for journalists, this does not extend to profiting from someone else's copyrighted work or performance without consent or compensation - thus recognizing a performer’s proprietary interest in their act.

In the dissenting opinion for Zacchini v. Scripps-Howard Broadcasting Co., Justice Byron White, joined by Justices Brennan and Marshall, argued that Ohio's law adequately protected Zacchini's right to control his act's commercial use without infringing on First Amendment rights. They believed that the majority had failed to properly balance these interests against those of a free press reporting matters of public interest. The dissenters contended that broadcasting an entire act was not necessary for news reporting purposes and could harm performers economically if they were unable to sell tickets due to people seeing their acts on television for free. However, they also emphasized that this did not mean broadcasters should always be liable when showing such performances; instead, each case should be evaluated individually based on its specific circumstances.