Cohen v. Cowles Media Company (1990)

Docket
90-634
Decided
1990-01-01

Summary

Question: 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? Conclusion: No. In a 5-4 opinion delivered by Justice Byron White, the Court held that the First Amendment did not bar a promissory estoppel suit against the press. The Court first affirmed that such a cause of action, though private, triggered the First Amendment's protection. But the Court went on to rule that the state's promissory estoppel law was generally applicable and did not target the press. The law's enforcement against the press thus did not require stricter scrutiny than would its enforcement against other individuals or institutions.

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