The Taming of the Press Cohen v. Cowles Media Company

Subjects:

• Law » Constitutional Law
• Communications » Communications Law
• Communications » Journalism

Reviews:

• [E]njoy seeing the pomposity, hypocrisy, and occasional downright viciousness of the Twin Cities press exposed.
  —Columbia Journalism Review
• The opinion is straight forward making it clear that the First Amendment is not a license to breach a promise, but Rothenberg gives the background that makes for the drama that could fill a screen.
  —Communications and the Law
• Starting in 1982 and ending a decade later, the David v. Goliath litigation led to dire warnings that proved accurate. The Taming of the Press, by Minneapolis solo practitioner Elliot C. Rothenberg... provides a lively account of how a news source who felt wronged started a chain reaction that has indeed permanently altered newsroom policies and procedures.
  —Legal Times
• By sharing his trial-preparation methods and theories, Rothernberg helps lay readers understand how he was able to persuade a jury of the harm done to Cohen when the newspapers overruled the promises of their reporters....The Taming of the Press is a roadmap of sorts for those who would prosecute claims against the press. In addition to giving hope and encouragement to anyone taking on a large media corporation, Rothenberg shares his winning method....The book's more substantial contribution may be in its value as a resource and teaching tool for media students, practitioners, gatekeepers, and lawyers who want to limit the potential liability of their organization.
  —Journalism & Mass Communication Quarterly
• I received a courtesy copy of the book, The Taming of the Press. I didn't get to reading it right away, but when I did, I gave every spare minute to it. Fascinating, compelling, these are cliches, I know, but few other adjectives apply. My fellow Mensan has told his remarkable tale in excellent fashion. His descriptions of moments of elation, and those of absolute despair, compare well with many fine writers. ... It's the conflict that holds us in its vise; the relatively unknown lawyer, a David, alone against the corporate Goliath -- devising strategies, attacking weaknesses, arguing legal points with his ex-wife who was a lawyer for the opposition (yes, that was just one of the strange developments in this remarkable odyssey). I guarantee it will hold your interest.... I cannot say enough about this book.
  —Mensa Bulletin
• ...provides a lively, caustic version of how a news source who felt wronged started a chain reaction that has indeed altered newsroom policies and procedures permanently. Although the book is mostly about journalists, lawyers and judges, it ought to interest anybody who consumes news. That is because it shows starkly how newsrooms function--and sometimes malfunction. Furthermore, the book ought to interest anybody who likes to read morality tales, especially those of the seemingly powerless individual taking on gigantic corporations.
  —TomPaine.com

• Endorsement From Jerome A. Barron
  Lyle T. Alverson Professor of Law
  George Washington University Law School: In The Taming of the Press, Elliot Rothenberg has written a thorough, lively and hard-hitting account of one feisty and determined lawyer's efforts to win an important case against great odds. By so doing, he established a First Amendment landmark. All who believe in a free and honest press and a just legal system will take heart from this book.
• Endorsement From Kenneth Laurence
  Associate Justice
  Commonwealth of Massachusetts, The Appeals Court: Elliot Rothenberg's [book] should be welcomed by all who relish a compelling, fluidly written story of lawyers and the law. It is also a work that should be required reading....Even more impressive than Rothenberg's presentation of a riveting story of basic rights in conflict, with scrupulous fairness to opposing points of view, are his real-life achievements depicted here. He not only won an epochal constitutional victory....but, unlike the protagonists in other recent high-profile lawsuits, he also obtained both damages and moral satisfaction on behalf of his much put-upon client....Most significant, however, is Rothenberg's demonstration that, for all its perceived flaws, our legal system continues to have the capacity to afford justice to the determined individual when represented by an imaginative and indefatigable lawyer, however long the odds and economically powerful the adversaries. It is, ultimately, a modern American morality tale deserving of the public's attention.
• Endorsement From Arnold H. Ismach
  Dean, School of Journalism
  University of Oregon
  testified for Cohen: A superb job of telling what should become a legend of our age. The Cohen case did change media law and journalistic practice. It was a triumph of good over evil, David and Goliath.

Table of Contents:

• Preface
• Hanging Cohen Out to Dry
• No Way to Treat a Tipster
• Rothenberg v. Rothenberg
• Taking on City Hall
• No Threat to a Free Press in Requiring It to Obey the Law
• A Solitary Crusade
• Journalistic Malpractice on Trial
• The Ghost of Deep Throat
• Meeting Megan Carter
• Casting the Attacks into Oblivion
• Something for Everyone
• Not for Another 200 Years
• The Court Granted the Cert, the Court Granted the Cert
• The Karen Silkwood Rejoinder
• Thank You, Justice O'Connor. Thank You, Justice Scalia
• We Shall Not Be Moved
• Turnabout Is Fair Play
• Epilogue: New Individual Freedom Honors the 200th Birthday of the Bill of Rights
• Bibliographical Note
• Table of Cases
• Index