First Amendment topicsAbout the First Amendment
 
Cohen v. Cowles Media Co. (docket #: 90-634) (1991)  [Findlaw]

Secondary Link Cohen v. Cowles Media Co.  [Legal Information Institute]
Argument Date 03/27/1991
Decided 6/24/1991
Supreme Court Vote 5-4
Supreme Court Ruling First Amendment claim denied.
 
IssueWhether the First Amendment could bar a plaintiff from recovering damages, under state promissory estoppel law, for a newspaper's breach of a promise of confidentiality.
 
Case Summary & Additional Resources
Majority Opinion White, J.
Dissenting Opinion Blackmun, J. (joined by Marshall, J., & Souter, J.) & Souter, J. (joined by Marshall, J., Blackmun, J., & O'Connor, J.)
Lower Court Minnesota Supreme Court
Lower Court Ruling First Amendment claim upheld
Oral Arguments Audio (Oyez)  [Oyez]
Lawyers
For Petitioner
Elliot C. Rothenberg

For Respondent
John D. French

Briefs
For Amicus
Rex S. Heinke et al. for Advance Publication, Inc.

Ruling - Lower Court
457 N.W.2d 199
News
"Newspapers Are Liable in Confidentiality Breach," The New York Times, Sept. 6, 1989, Sect. A, p. 15
Alex S. Jones, "Ruling Could Alter Use of Newspapers' Sources," The New York Times, Sept. 10, 1989, p. 22
Dockser, Ani, "Contract Status is Denied for Vow of Confidentiality by Reporters," The Wall Street Journal, July 23, 1990, Sect. B, p. 5
Greenhouse, Linda, "Justices to Hear Case on Naming News Source," The New York Times, Dec. 11, 1990, Sect. A, p. 24
Other
Barron, Jerome, "Cohen v. Cowles Media and its Significance for First Amendment Law and Journalism," 3 Wm. & Mary Bill of Rts. L. J. 419 (1994)
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), Sect. 11.6.2.2
Dienes, Levine & Lind, Symposium, "The Media's Intrusion on Privacy," 67 Geo. Wash. U. L. Rev. 1097 (1999)
O'Neil, Robert, "Tainted Sources, First Amendment Rights and Journalistic Wrongs, " 4 Wm. & Mary Bill of Rts L.J. 1005 (1996)
Rothenberg, Elliot, "Whose First Amendment?," in Joseph Russomano, editor, DEFENDING THE FIRST: COMMENTARY ON FIRST AMENDMENT ISSUES AND CASES (2005), pp. 23-43
Commentary
Harwood, Richard, "Defending the Indefensible," The Washington Post, June 30, 1991, Sect. C, p. 6
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