Breaking Promises: Cohen v. Cowles
The first Amendment
The court ruled that the First Amendment's free press guarantee prevented promissory estoppel from applying to the newspapers. Meaning that a newspaper/reporter can break a promise of confidentiality.
- The first Amendment protects: Speech, Press, and Assembly
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Defendant: Cowles Media Co.
Promises
- A newspaper, magazine, and information publishing company.
- Base in Minneapolis, Minnesota.
- Cohen made it clear to the reporters that he would provide the information only if he was given a promise of confidentiality.
John Cowles, one of the founders of Cowles Media Co.
- Reporters from both papers(Star Tribune, Pioneer Press) promised to keep Cohens's identity anonymous.
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But ...
- The papers identified Cohen in their stories.
- He was fired as a result.
- Cohen sued the papers in state court and won compensatory damages.
Plaintiff: Dan Cohen (2003)
The Minnesota Supreme Court reversed, ruling that Cohen's claim relied on state "promissory estoppel" law, a law that essentially prevented a promisor from breaking a promise.
- American author, businessman, and Politician.
- From Minneapolis, Minnesota.
What did Cohen do..?
- Cohen was a campaign associate in the 1982 Minnesota gubernatorial race.
- He gave court records concerning another party's candidate for lieutenant governor to the St. Paul Pioneer Press and the Minneapolis Star and Tribune.