Cohen v. Cowles Media Co.
Cohen v. Cowles Media Co., 501 U.S. 663 (1991), was a U.S. Supreme Court case holding that the First Amendment freedom of the press does not exempt journalists from generally applicable laws. Dan Cohen, a Republican associated with Wheelock Whitney's 1982 Minnesota gubernatorial run, provided inculpatory information on the Democratic challenger for Lieutenant Governor, Marlene Johnson, to the Minneapolis "Star Tribune" and "St. Paul Pioneer Press" in exchange for a promise that his identity as the source would not be published. Over the reporters' objections, editors of both newspapers independently decided to publish his  name. Cohen consequently lost his job at an advertising agency. He sued Cowles Media Company, who owned the "Minneapolis Star Tribune". In 1988, a jury of six found in Cohen's favor. The Minnesota Supreme Court reversed. The United States Supreme Court, while refusing to reinstate the damages, remanded the case to the Minnesota Supreme Court, which reinstated the jury's original verdict of $200,000. The Cowles Media Company was found liable based on a theory of promissory estoppel. Opinion of the Court. The Supreme Court found, in a majority decision, that: Dissents. Justice Blackmun's dissent focussed on  the proposition that applying promissory estoppel punished the publication of truth. Justice Souter's dissent was based on the balance of "the importance of the information to public discourse" to the other interests involved. In this case the potential effect of the publication of Cohen's identity on an election for public office was thought to be compelling.