Legally Enforceable Reporter-Source Agreements: Chilling News Gathering at the Source?

Abstract

The promise of confidentiality between a reporter and source has long been considered a vital ethical obligation of the press. The U.S. Supreme Court, in Cohen v. Cowles Media Co., has recast that promise as one which state courts may enforce under contract law. The Court's opinion, which downplayed important First Amendment considerations, may have created a dangerous new ground of liability for media organizations.