Cohen v. Cowles Media Co.

501 U.S. 663, 111 S. Ct. 2513, 115 L. Ed. 2d 586, 1991 U.S. LEXIS 3639, 18 Media L. Rep. (BNA) 2273, 91 Daily Journal DAR 7417, 59 U.S.L.W. 4773, 91 Cal. Daily Op. Serv. 4796
CourtSupreme Court of the United States
DecidedJune 24, 1991
Docket90-634
StatusPublished
Cited by286 cases

This text of 501 U.S. 663 (Cohen v. Cowles Media Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. Cowles Media Co., 501 U.S. 663, 111 S. Ct. 2513, 115 L. Ed. 2d 586, 1991 U.S. LEXIS 3639, 18 Media L. Rep. (BNA) 2273, 91 Daily Journal DAR 7417, 59 U.S.L.W. 4773, 91 Cal. Daily Op. Serv. 4796 (1991).

Opinions

Justice White

delivered the opinion of the Court.

The question before us is whether the First Amendment prohibits a plaintiff from recovering damages, under state promissory estoppel law, for a newspaper’s breach of a promise of confidentiality given to the plaintiff in exchange for information. We hold that it does not.

During the closing days of the 1982 Minnesota gubernatorial race, Dan Cohen, an active Republican associated with Wheelock Whitney’s Independent-Republican gubernatorial campaign, approached reporters from the St. Paul Pioneer Press Dispatch (Pioneer Press) and the Minneapolis Star and Tribune (Star Tribune) and offered to provide documents relating to a candidate in the upcoming election. Cohen made clear to the reporters that he would provide the information only if he was given a promise of confidentiality. Reporters from both papers promised to keep Cohen’s identity anonymous and Cohen turned over copies of two public court records concerning Marlene Johnson, the Democratic-Farmer-Labor candidate for Lieutenant Governor. The first record indicated that Johnson had been charged in 1969 with three counts of unlawful assembly, and the second that she had been convicted in 1970 of petit theft. Both newspapers interviewed Johnson for her explanation and one reporter tracked down the person who had found the records for Cohen. As it turned out, the unlawful assembly charges arose out of Johnson’s participation in a protest of an alleged failure to hire minority workers on municipal construction projects, and the charges were eventually dismissed. The petit theft conviction was for leaving a store without paying [666]*666for $6 worth of sewing materials. The incident apparently occurred at a time during which Johnson was emotionally distraught, and the conviction was later vacated.

After consultation and debate, the editorial staffs of the two newspapers independently decided to publish Cohen’s name as part of their stories concerning Johnson. In their stories, both papers identified Cohen as the source of the court records, indicated his connection to the Whitney campaign, and included denials by Whitney campaign officials of any role in the matter. The same day the stories appeared, Cohen was fired by his employer.

Cohen sued respondents, the publishers of the Pioneer Press and Star Tribune, in Minnesota state court, alleging fraudulent misrepresentation and breach of contract. The trial court rejected respondents’ argument that the First Amendment barred Cohen’s lawsuit. A jury returned a verdict in Cohen’s favor, awarding him $200,000 in compensatory damages and $500,000 in punitive damages. The Minnesota Court of Appeals, in a split decision, reversed the award of punitive damages after concluding that Cohen had failed to establish a fraud claim, the only claim which would support such an award. 445 N. W. 2d 248, 260 (1989). However, the court upheld the finding of liability for breach of contract and the $200,000 compensatory damages award. Id., at 262.

A divided Minnesota Supreme Court reversed the compensatory damages award. 457 N. W. 2d 199 (1990). After affirming the Court of Appeals’ determination that Cohen had not established a claim for fraudulent misrepresentation, the court considered his breach-of-contract claim and concluded that “a contract cause of action is inappropriate for these particular circumstances.” Id., at 203. The court then went on to address the question whether Cohen could establish a cause of action under Minnesota law on a promissory estoppel theory. Apparently, a promissory estoppel theory was never tried to the jury, nor briefed nor argued by [667]*667the parties; it first arose during oral argument in the Minnesota Supreme Court when one of the justices asked a question about equitable estoppel. See App. 38.

In addressing the promissory estoppel question, the court decided that the most problematic element in establishing such a cause of action here was whether injustice could be avoided only by enforcing the promise of confidentiality made to Cohen. The court stated: “Under a promissory estoppel analysis there can be no neutrality towards the First Amendment. In deciding whether it would be unjust not to enforce the promise, the court must necessarily weigh the same considerations that are weighed for whether the First Amendment has been violated. The court must balance the constitutional rights of a free press against the common law interest in protecting a promise of anonymity.” 457 N. W. 2d, at 205. After a brief discussion, the court concluded that “in this case enforcement of the promise of confidentiality under a promissory estoppel theory would violate defendants’ First Amendment rights.” Ibid.

We granted certiorari to consider the First Amendment implications of this case. 498 U. S. 1011 (1990).

Respondents initially contend that the Court should dismiss this case without reaching the merits because the promissory estoppel theory was not argued or presented in the courts below and because the Minnesota Supreme Court’s decision rests entirely on the interpretation of state law. These contentions do not merit extended discussion. 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 (1979); Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U. S. 749, 754, n. 2 (1985); Mills v. Maryland, 486 U. S. 367, 371, n. 3 (1988); Franks v. Delaware, 438 U. S. 154, 161-162 (1978); Jenkins v. Georgia, 418 U. S. 153, 157 (1974). Moreover, that the Minnesota Supreme Court rested its holding on federal law could not be made [668]*668more clear than by its conclusion that “in this case enforcement of the promise of confidentiality under a promissory es-toppel theory would violate defendants’ First Amendment rights.” 457 N. W. 2d, at 205. It can hardly be said that there is no First Amendment issue present in the case when respondents have defended against this suit all along by arguing that the First Amendment barred the enforcement of the reporters’ promises to Cohen. We proceed to consider whether that Amendment bars a promissory estoppel cause of action against respondents.

The initial question we face is whether a private cause of action for promissory estoppel involves “state action” within the meaning of the Fourteenth Amendment such that the protections of the First Amendment are triggered. For if it does not, then the First Amendment has no bearing on this case. The rationale of our decision in New York Times Co. v. Sullivan, 376 U. S. 254 (1964), and subsequent cases compels the conclusion that there is state action here. Our cases teach that the application of state rules of law in state courts in a manner alleged to restrict First Amendment freedoms constitutes “state action” under the Fourteenth Amendment. See, e. g., id., at 265; NAACP v. Claiborne Hardware Co., 458 U. S. 886, 916, n. 51 (1982); Philadelphia Newspapers, Inc. v. Hepps, 475 U. S. 767, 777 (1986).

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Bluebook (online)
501 U.S. 663, 111 S. Ct. 2513, 115 L. Ed. 2d 586, 1991 U.S. LEXIS 3639, 18 Media L. Rep. (BNA) 2273, 91 Daily Journal DAR 7417, 59 U.S.L.W. 4773, 91 Cal. Daily Op. Serv. 4796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-cowles-media-co-scotus-1991.