Synopses & Reviews
Cohen v. Cowles Media Company changed the course of First Amendment media law. After a quarter century of decisions interpreting the First Amendment to give media organizations preferential treatment, the Supreme Court ruled in 1991 that the Constitution did not give the press immunity from the laws ordinary citizens must obey. The American Bar Association quarterly
Communications Lawyer (Spring 1998) calls
Cohen a media law hall of fame case. The author, who was the plaintiff's sole attorney in all phases of the case, provides detailed analysis of the complexities of constitutional litigation and the strategic and tactical considerations involved in formulating constitutional arguments in the Supreme Court and other courts.
This is a classic David v. Goliath story of a lone lawyer who worked out of his basement taking on media and legal giants and winning. Scores of attorneys from major law firms around the country represented the Minneapolis and St. Paul newspaper defendants and their allies in court in a case where experts were confident that the press could never lose. The Cohen decision has revolutionized the law regarding accountability for wrongdoing by media organizations, and many federal and state courts have relied upon the Cohen case in holding media organizations liable for their actions. This lively account will interest not only legal and media scholars, but all readers interested in correcting injustice.
Review
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.Kenneth Laurence Associate Justice Commonwealth of Massachusetts, The Appeals Court
Review
[E]njoy seeing the pomposity, hypocrisy, and occasional downright viciousness of the Twin Cities press exposed.Columbia Journalism Review
Review
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.Jerome A. Barron Lyle T. Alverson Professor of Law George Washington University Law School
Review
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
Review
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.Arnold H. Ismach Dean, School of Journalism University of Oregon testified for Cohen
Synopsis
Cohen v. Cowles Media Company changed the course of First Amendment media law. After a quarter century of decisions interpreting the First Amendment to give media organizations preferential treatment, the Supreme Court ruled in 1991 that the Constitution did not give the press immunity from the laws ordinary citizens must obey. The American Bar Association quarterly Communications Lawyer (Spring 1998) calls Cohen a "media law hall of fame case." The author, who was the plaintiff's sole attorney in all phases of the case, provides detailed analysis of the complexities of constitutional litigation and the strategic and tactical considerations involved in formulating constitutional arguments in the Supreme Court and other courts.
About the Author
ELLIOT C. ROTHENBERG is a Minneapolis attorney with a J.D. degree from Harvard Law School.
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