Katie Sterritt COMM 441 March 3, 2017 Case Study - Cohen v. Cowles Media Co. Cohen v. Cowles Media Co was a United States Supreme Court case holding that the First Amendment freedom of the press does not exempt journalists from generally applicable laws. Cohen, the Plaintiff, 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 (both owned by Cowles Media Co, which was the Defendant). Though he had received a promise of confidentiality from the reporters, the papers identified Cohen in their stories. He was fired as a result. Cohen sued the papers in state court, alleging a …show more content…
What happened in this specific case is that the newspapers published the name of their source without permission. In this case, the press was not even immune from its sources because the source wished to remain anonymous and the journalist wishes to disclose it. The current laws of the land, and the gray areas of forecasting potential consequences of publishing a story with confidential sources places the press in a very precarious situation (“Shield Laws in the Unites States”). Which brings up the question of shield laws protecting those who ask the reporters for their names to be kept anonymous in the story. The outcome of the case was that it was submitted to the jury on the theory of breach of contract and misrepresentation (“Case Briefs”). The jury that was on this case found liability on both counts and awarded $200,000 in compensatory damages and $250,000 in punitive damages against each newspaper for misrepresentation. The Court of Appeals set aside the misrepresentation damages, but affirmed the compensatory damages. The State Supreme Court affirmed the setting aside of punitive damages. Also, decided that the compensatory damages were not enforceable under standard breach of contracts theory. In regards to the Supreme Court, it found that, in a majority decision, that against respondent’s claims that it had no jurisdiction. They cited the Orr v Orr case of 1979 of whether the arguments in
While victorious, the plaintiff’s believed that the district court had erred in their decision not to award punitive damages. The defendants, on the other hand, argued that the court had erred in denying their motion for summary judgment.
“… to gather news it is often necessary to agree either not to identify the source of information published or to publish only part of the facts revealed, or both; that if the reporter is nevertheless forced to reveal these confidences to a grand jury, the source so identified and other confidential sources of other reporters will be measurably deterred from furnishing publishable information, all to the detriment of the free flow of information, protected by the first amendment.” (3)
The court case of New York Times vs Sullivan was a case that involved public officials and how they were libeled in the press in the year of nineteen sixty four. L.B. Sullivan was one of three elected commissioners of Alabama. The respondent was L. B. Sullivan was a public official from Alabama and brought a lawsuit against an clergymen, a negro and against a petitioner of the New York Times Company. L.B. Sullivan sued all of these people because he felt that he was libeled in a advertisement of the New York Times. The case had to deal with if the constitutional protections of speech and press limit the states power to award damages for the libel action brought by a public official against the critics of his official conduct.
Garrison v. Louisiana was argued on April 22, 1964 and was decided on November 23, 1964. In the case the plaintiff was Jim Garrison and the responder was Louisiana. Garrison accused the judges of their inadequate management and was charged violating the Louisiana Criminal Defamation Statute. The main issue was the right to freedom of expression. The question asked was, “Does the Louisiana Criminal Defamation Statute unconstitutionally infringe on the First Amendment’s protection of the freedom of speech?”(Oyez). The amendment that was being violated in the trial was the First Amendment.
New Yorker Magazine it states that there must be clear intent to tarnish one’s reputation in order for libel tort law to come into effect. This case was very similar in regards that there was enough evidence that suggest there was intent to hurt the reputation of those mentioned in the articles. Also in the case Anderson v. Liberty Lobby it states the plaintiff must be able to prove that there was in fact damage done to one’s reputation and be able to proof to judges that there was actual malice. As with this case, the court of appeals must take in consideration if the ruling can be made in favor of the plaintiff and that if the summary judgement would go in favor of the plaintiff. The judges want to make sure that they are not wasting time and that there was actual damage done to the plaintiff which can be awarded for punitive
“On the way up was a bridge over a cascading stream they had to cross; and under the bridge lived a great ugly troll, with eyes as big as saucers, and a nose as long as a poker.”
The Plaintiff, Sullivan, was one of three Commissioners of Montgomery, Alabama who sued the Defendant, the New York Times, for printing and releasing an full page ad about the civil rights movement taking place in the south that defamed Sullivan. The ad was called "Heed Their Rising Voices" and it caused a "wave" of terror that had been directed against those who took place in the civil rights movement in the South. Some of the facts were false. The ad didn't single handily point out Sullivan, he claimed that it referred to him indirectly because he had oversight responsibility of the police. The Defendant stated that they didn't have any reason or proof to say the facts were false. No one put out the extra effort to see if the facts were false
On April 26, 1968, nineteen year-old Paul Cohen was sentenced to 30 days in jail for wearing a jacket with “F--K THE DRAFT. STOP THE WAR” outside of a municipal courthouse during the Vietnam War. Cohen was found guilty by a California court and was charged under the California statute that prohibits “maliciously and willfully disturbing the peace and quiet of any neighborhood or person by offensive conduct.” The case was argued by the Supreme Court on February 22, 1971 and was decided on June 7, 1971.
One such incident that explains what I mean is the case of Hazelwood v. Kulhmeier. This case was spurred when The Spectrum, Hazelwood East High School’s student-run newspaper, presented
Kelley acquired employment as a mattress salesman at Bed-Mart in January 2000. Upon employment, all sales personnel must sign a convent which includes both confidentiality provision - not and non complete provisions. In July 2000, Kelly ended his employment at Bed-Mart and began to work at Sleep America.
On April 20, the District of Columbia Court of Appeal decided in the case “S. Brooke Purll Inc. v. Vailes” to reverse a trial court judgment and to remand it for further proceedings. The case was a dispute between a contractor - S. Brooke Purll, Inc.- and a house’s owner Patrick Darrell Vailes -. The latter sued in the Small Claims and Conciliation Branch for the return of a $5000 payment as an initial payment for the contract while the latter counterclaimed $36.102.04 for liquidated damages. The judge found that the owner failed to perform a demolition and to pay $ 7,031.71. It also determined that the liquidated damages clause was a penalty and, therefore, was not enforceable. It also found that the lost profits damages were not proven and
With more and more wealthy Australians bringing journalists and publishers to court to demand the revelation of sources shield laws are becoming increasingly important. Shield laws can be defined as an array of laws that offer protection to journalists or other communicators who otherwise face a disobedient contempt charge for refusing to reveal a confidential source. In particular, with the introduction of shield laws in Western Australia journalists’ professional ethics have taken priority over the demands of the law. Although these shield laws provide some protection for journalists and their informants in WA there are still some weaknesses in terms of how these laws are interpreted in court. Furthermore, shield laws are significant in maintaining
In 2012, a marine project manager called Bellingham Marine Inc. (“Bellingham”) hired Major Engineering Marine Inc. (“Major”) for a project to build a travel lift pier at a harbor. Bellingham then hired a civil engineering firm, Moffatt & Nichol
Reporters rely on sources to provide the news they publish, and those sources might not want to share information out of fear that they’ll get in trouble for sharing it. Privileges in reporter were developed to protect journalists. Reporter 's privilege in the United States is the protection that a reporter has under constitutional law from being forced to reveal their confidential information or sources in court. It may be described in the US as the First Amendment right given to journalists to protect their private sources from being exposed.
The first case involved CompuServe, which in the early days of the Internet hosted "an on-line general information service" through which subscribers could access thousands of outside sites and around 150 special-interest forums. When a columnist for one of the special-interest forums posted defamatory comments about a competitor, the competitor sued CompuServe for libel. But the court, in the 1991 case Cubby, Inc. v. CompuServe, Inc, found CompuServe could not be held liable as the columnist’s distributor because CompuServe did not review any of the content on the forums before it was posted. Without knowledge of the libel, CompuServe could not be held responsible for