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Promises Of Confidentiality To News Sources After Cohen V. Cowles Media Company: A Survey Of Newspaper Editors, Daniel Levin, Ellen Rubert Sep 2010

Promises Of Confidentiality To News Sources After Cohen V. Cowles Media Company: A Survey Of Newspaper Editors, Daniel Levin, Ellen Rubert

Golden Gate University Law Review

We undertook a survey of newspaper editors to determine their views regarding promises of confidentiality, to determine the effect of the Cohen case on the newspaper industry, and to discover related information. This article will discuss the Cohen case and report the survey results. Section II of the article sets forth the facts that led to the lawsuit brought by source Dan Cohen against two Minneapolis newspapers for breach of promise of confidentiality. Section III sets forth the history of the lawsuit itself, as it proceeded through the Minnesota state courts to the United States Supreme Court, reaching a final …


The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas Jan 2010

The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas

Journal Articles

In 1890, Samuel Warren and Louis Brandeis, in their famous Harvard Law Review article The Right to Privacy, called for a new legal right that would allow the victims of truthful but embarrassing press publicity to recover damages for emotional harm. Currently, in most states, it constitutes a tort if the disclosure of “matter concerning the private life of another” would be highly offensive to a reasonable person and the matter is not “of legitimate concern to the public,” or newsworthy. However, because courts generally consider virtually everything that appears in the news media to be newsworthy, the public disclosure …