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13 Comm. Law. 1 (1995)

handle is hein.journals/comlaw13 and id is 1 raw text is: (0 Communicafions Publication of the Forumae on Communications Law American Bar Association Volume 13, Number 1, Spring 1995 LAW OF NEWSGATHERING Broken Promises in the Aftermath of Cohen BY BARBARA W. WALL AND JOHN P. BORGER* Reporters in search of information first must deal with a variety of sources, some of whom seek and obtain conces- sions from the reporters in connection with their disclosures.1 Reporters have resisted judicial attempts to interfere with those promises and have gone to jail or paid contempt fines rather than break their promises and disclose the identities of confidential sources. Shield statutes and state and federal constitutional privileges have strength- ened the reporters' positions. In rare instances, journalists inten- tionally have revealed confidential sources-for reasons ranging from exposing hypocrisy2 to keeping crimi- nals in jail.3 While some disclosures prompt ethical debates, other real or imagined broken promises have found their way into court. Some sources and news subjects have attempted to assert claims for breach of contract or misrep- resentation, in addition to or in place of more traditional media-related claims such as defamation or invasion of pri- Continued on page 16 Illustration by Richard Laurent I IN THIS ISSUE I

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