Cohen v. Cowles Media (1991)
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Cohen v. Cowles Media (1991) | |
Court | Supreme Court of the United States |
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Citation | 501 U.S. 663 111 S. Ct. 2513 |
Date decided | June 24, 1991 |
Appealed from | Minnesota Supreme Court |
Overturned | Cohen v. Cowles Media (1990) |
Distinguished | Hustler Magazine, Inc. v. Falwell |
Cited | Orr v. Orr New York Times Co. v. Sullivan |
Related | Cohen v. Cowles Media (1990) |
Case Opinions | |
majority | written by White joined by Rehnquist, Stevens, Scalia, Kennedy |
dissent | written by Blackmun joined by Marshall, Souter |
dissent | written by Souter joined by Marshall, Blackmun, O'Connor |
Issues
Does the First Amendment bar a plaintiff from recovering damages, under state promissory estoppel law, for a newspaper's breach of a promise of confidentiality?
Holding
Promissory estoppel doesn't implicate the 1st Amendment.
This case goes back to the Minnesota Supreme Court in Cohen v. Cowles Media (1992).Rule
Generally applicable laws do not offend the First Amendment simply because their enforcement against the press has incidental effects on its ability to gather and report the news.
The information published must be lawfully acquired. The First Amendment does not confer upon the press a constitutional right to disregard promises that would otherwise be enforced under state law.Resources
Holding:
Reversed and remanded.
Dissent
The publication issued was true, and truthful speech should never be sanctioned according to the First Amendment.