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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

Player 2

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.

Events

Player 1

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.

Image by Tom Mooring

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