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Sunday, 17 May 2020
Cohen V. Cowles Media Co - 1031 Words
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 partyââ¬â¢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 aâ⬠¦show more contentâ⬠¦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 (ââ¬Å"Shield Laws in the Unites Statesâ⬠). 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 (ââ¬Å"Case Briefsâ⬠). 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 respondentââ¬â¢s claims that it had no jurisdiction. They cited the Orr v Orr case of 1979 of whether the arguments inShow MoreRelatedEssay about Elements of the Law of Contract2666 Words à |à 11 Pagesin the case of Shadwell v Shadwell[1860] would be sufficient consideration. Consideration was first associated with debt such as in the Pinnels case and had subsequently spread to other simple contracts. This has been criticized by Lord Mansfield in 1756, and was in view that it could only be treated as evidence of the parties intention and held that a moral obligation should be sufficient consideration. It was only in the case of Eastwood v Kenyon[1840] that Lord Denman Read MoreUGT in the 21st Century14999 Words à |à 60 Pagestheoretical approach in the initial stages of each new mass communications medium: newspapers, radio and television, and now the Internet. Although scientists are likely to continue using traditional tools and typologies to answer questions about media use, we must also be prepared to expand our current theoretical models of uses and gratifications. Contemporary and future models must include concepts such as interactivity, demassification, hypertextuality, and asynchroneity. Researchers must
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