| Cohen v. Cowles Media (1991) | Dan Cohen, a PR guy, said he would give reporters copies of documents identifying the opponent's running mate shoplifted. The reporters agreed to keep anonymity, but editors of the Minneapolis and St. Paul newspapers overruled and identified him. Cohen sued saying they violated an oral contract. and had no 1st Amendment rights. Basically, a judge said the First Amend does not sheild the news media from lawsuits based on laws of general applicability, and THE PUBLISHER OF A NEWSPAPER HAS NO SPECIAL IMMUNITY FROM THE APPLICATION OF GENERAL LAWS. The judge also rejected the argument that in publishing Cohen's name, the newspapers were publishing info they had obtained legally. White (the judge) said that the newspapers had obtained COhen's name 'only by making a promise which they did not honor,' THUS reinstating the trial court's award of 200K to Cohen. |
| Zurcher v Stanford Daily (1978)- News room searches for unused photographs | Editors of the newspaper filed suit against those resonsnible, alleging violation of freedom of the press and abuse of the search warrant provision in the Fourth Amendment. They argued that since there was no evidence that anyone on the Daily had been involved in a crime, the police should have used a subpoena, not a search warrant, to obtain the unused photos. CONCLUSION: No first amendment defense. Created the PRIVACY PROTECTION ACT OF 1980 which applies to federal,s tate and local law enforcement agencies, strictly limits the circumstances under which a warrant can be issued to search for the 'work products' and 'documentary materials' of a persons 'engaged in First Amend Activities.' BASICALLY, THIS ACT PROTECTS PHOTOS, AUDIOTAPES, VIDEOTAPES, NOTES ON INTERVIEWS, DRAFTS OF ARTICLES AND NOTES USED IN PREPARATION OF ARTICLES. The law does nto raise absolute barriers against searches, however. A warrant can be issued to seize any materials if there is a probable cause to believe a pu blisher is using them to commit a crime or if seizure is ncessary ot prevent death or serious injury. |
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