NRJ Book: The Taming of the Press: Cohen v. Cowles Media Company

Abstract

Taming of Press: v. Cowles Media Company by Elliot C. Rothenberg (Westport, Connecticut: Praeger, 1999, $39.95) 283 pp. Reviewed by Kyu Ho Youm Burning is no longer kind of ethical issue for U.S. news media to cavalierly dismiss in determining whether to honor or to break their confidentiality promises to their sources. Exactly 10 years ago, U.S. Supreme Court held that First Amendment does not prohibit burned news source from recovering damages under state contract law for media organization's breach of confidentiality agreement with source. In v. Cowles Media Co., Supreme Court reasoned that generally applicable laws do not offend First Amendment simply because their enforcement against press has incidental effects on its ability to gather and report news. Taming of Press, subtitled Cohen v. Cowles Media Company, is vivid and sometimes melodramatic narrative of 1991 landmark case by Elliot C. Rothenberg, who represented Dan during lengthy proceedings from Minnesota trial court to U.S. Supreme Court. In many ways, book jacket's characterization of his case as David v. Goliath is not entirely rhetorical hyperbole. Rothenberg, sole practitioner in Minneapolis, Minn., took up on formidable two major newspapers, Minneapolis Star Tribune and St. Paul Pioneer Press, when retained him as his lawyer. One lawyer against 430 did not offer prospect of fair fight, according to Rothenberg. sued Star Tribune and Pioneer Press in Twin Cities in civil action, alleging breach of contract and misrepresentation after newspapers published his name in violation of their own reporters' promise to withhold it. He had leaked information about Democratic candidate for lieutenant governor to newspaper reporters on condition that his identity would be protected. Undoubtedly, Cohen's lawsuit was case of first impression on law governing reporter-source relationship. Never before had any U.S. court, federal and state, directly addressed news media's possible liability for burning their confidential sources. Solitary Crusade chapter of book centers on Rothenberg's meticulous pre-trial preparation through painstaking research and mastery of all relevant facts in combination with a sound strategy for winning trial. His winning trial strategy was to place confidentiality promises at issue in context of how American journalists gather news information with an evidence of how pervasive promises are in journalistic profession. riveting trial proceedings are portrayed in vivid detail in four chaptersJournalistic Malpractice on Trial, The Ghost of Deep Throat and Meeting Megan Carter and Casting Attacks into Oblivion. Throughout trial, Rothenberg pounded on his overarching theme that Star Tribune and Pioneer Press violated not only their journalistic code of ethics but also the simple but basic ethical and legal imperative of honoring your promises. And his argument won jury verdict in favor of Cohen. In contrast to copious discussion of trial court action in Cohen, book devotes surprisingly limited space to Minnesota Court of Appeals' ruling, which affirmed trial court's decision in part and reversed in part. Indeed, its analysis of Court of Appeals' opinion is not as enlightening and as complete as it should be. Especially, Rothenberg's misleading quotation on page 144 of Judge Garry Crippen's dissenting opinion is illustrative. author pays selective attention to portion of Judge Crippen's conclusion that only fits his predictable assertion that First Amendment freedom of press does not empower news media to injure individual citizens with impunity. Contrary to Rothenberg's sweeping criticism of Judge Crippen's dissent, Judge Crippen continues (but Rothenberg's direct quotation of him does not include) after stating, Neither courts nor other agencies of government can deal with conduct of publishing in same way they handle other conduct with similar characteristics: Why must this be so? …