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Constitutional Law Keyed to Choper
Cohen v. Cowles Media Co.
Citation:
501 U.S. 663 (1991)Facts
During the final days of the 1982 Minnesota gubernatorial race, Dan Cohen, a Republican associated with Wheelock Whitney’s campaign, approached reporters from the St. Paul Pioneer Press and the Minneapolis Star and Tribune offering documents concerning Marlene Johnson, the Democratic-Farmer-Labor candidate for Lieutenant Governor. Cohen explicitly conditioned the provision of these documents on a promise of confidentiality. After receiving the documents, which revealed Johnson’s minor legal troubles (unlawful assembly charges that were dismissed and a petit theft conviction that was later vacated), both newspapers independently decided to publish Cohen’s name as the source. The stories identified Cohen, noted his connection to the Whitney campaign, and included denials by Whitney campaign officials of involvement. Cohen was fired from his job the same day the stories appeared. He sued the newspapers for fraudulent misrepresentation and breach of contract, ultimately winning a jury verdict. After appeals, the Minnesota Supreme Court determined that enforcing a promise of confidentiality under promissory estoppel would violate the newspapers’ First Amendment rights.
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