home *** CD-ROM | disk | FTP | other *** search
- Subject: COHEN v. COWLES MEDIA CO., Syllabus
-
-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
-
-
- Syllabus
-
-
-
- COHEN v. COWLES MEDIA CO., dba MINNEAPOLIS STAR & TRIBUNE CO., et al.
-
- certiorari to the supreme court of minnesota
-
- No. 90-634. Argued March 27, 1991 -- Decided June 24, 1991
-
- During the 1982 Minnesota gubernatorial race, petitioner Cohen, who was
- associated with one party's campaign, gave court records concerning another
- party's candidate for Lieutenant Governor to respondent publishers'
- newspapers after receiving a promise of confidentiality from their
- reporters. Nonetheless, the papers identified him in their stories, and he
- was fired from his job. He filed suit against respondents in state court,
- alleging, among other things, a breach of contract. The court rejected
- respondents' argument that the First Amendment barred the suit, and a jury
- awarded him, inter alia, compensatory damages. The State Court of Appeals
- affirmed, but the State Supreme Court reversed, holding that a contract
- cause of action was inappropriate. It then went on to address the question
- whether Cohen could recover under state law on a promissory estoppel theory
- even though that issue was never tried to a jury, nor briefed nor argued by
- the parties, concluding that enforcement under such a theory would violate
- respondents' First Amendment rights.
-
- Held:
-
- 1. This Court has jurisdiction. Respondents' contention that the case
- should be dismissed because the promissory estoppel theory was not argued
- or presented in the courts below and because the State Supreme Court's
- decision rests entirely on a state-law interpretation is rejected. It is
- irrelevant to this Court's jurisdiction whether a party raised below and
- argued a federal-law issue that the state supreme court actually considered
- and decided. Orr v. Orr, 440 U. S. 268, 274-275. Moreover, the Minnesota
- Supreme Court made clear that its holding rested on federal law, and
- respondents have defended against this suit all along by arguing that the
- First Amendment barred the enforcement of the reporters' promises. Pp.
- 3-4.
-
- 2. The First Amendment does not bar a promissory estoppel cause of
- action against respondents. Such a cause of action, although private,
- involves state action within the meaning of the Fourteenth Amendment and
- therefore triggers the First Amendment's protections, since promissory
- estoppel is a state-law doctrine creating legal obligations never
- explicitly assumed by the parties that are enforceable through the
- Minnesota courts' official power. Cf., e. g., New York Times Co. v.
- Sullivan, 376 U. S. 254, 265. However, the doctrine is a law of general
- applicability that does not target or single out the press, but rather is
- applicable to all Minnesota citizens' daily transactions. Thus, the First
- Amendment does not require that its enforcement against the press be
- subject to stricter scrutiny than would be applied to enforcement against
- others, cf. Associated Press v. NLRB, 301 U. S. 103, 132-133, even if the
- payment is characterized as compensatory damages. Nor does that Amendment
- grant the press protection from any law which in any fashion or to any
- degree limits or restricts its right to report truthful information. The
- Florida Star v. B. J. F., 491 U. S. 524, distinguished. Moreover, Cohen
- sought damages for a breach of promise that caused him to lose his job and
- lowered his earning capacity, and did not attempt to use a promissory
- estoppel cause of action to avoid the strict requirements for establishing
- a libel or defamation claim. Hustler Magazine, Inc. v. Falwell, 485 U. S.
- 46, distinguished. Any resulting inhibition on truthful reporting is no
- more than the incidental, and constitutionally insignificant, consequence
- of applying to the press a generally applicable law requiring them to keep
- certain promises. Pp. 4-8.
-
- 3. Cohen's request that his compensatory damages award be reinstated is
- rejected. The issues whether his verdict should be upheld on the ground
- that a promissory estoppel claim had been established under state law and
- whether the State Constitution may be construed to shield the press from an
- action such as this one are matters for the State Supreme Court to address
- and resolve in the first instance. P. 8.
-
- 457 N. W. 2d 199, reversed and remanded.
-
- White, J., delivered the opinion of the Court, in which Rehnquist, C.
- J., and Stevens, Scalia, and Kennedy, JJ., joined. Blackmun, J., filed a
- dissenting opinion, in which Marshall and Souter, JJ., joined. Souter, J.,
- filed a dissenting opinion, in which Marshall, Blackmun, and O'Connor, JJ.,
- joined.
- ------------------------------------------------------------------------------