Kentucky
How Cohen v. Cowles Media Co. applies in Kentucky: state-specific rules, key cases, and bar exam notes for Other.
In Kentucky, the principles established in Cohen v. Cowles Media Co. regarding promissory estoppel and free expression are taken into account concerning media liability. Kentucky courts generally uphold the importance of promises made in the context of journalist-source relationships, similar to the principles established in the Cohen case.
Kentucky applies the doctrine of promissory estoppel, holding that a party may be liable for breaching a promise that induces reliance, even if not supported by formal consideration, particularly in journalistic contexts.
Kentucky Revised Statutes on Confidentiality emphasize protection of news sources, addressing the journalist’s duty to maintain the confidentiality of sources.
The court ruled that an online service could face liability for breach of contract when it failed to uphold its promised confidentiality regarding user information.
This case reinforced the idea that individuals may rely on promises made by public agencies or officials regarding confidentiality.
Kentucky's approach mirrors the federal standard set in Cohen, emphasizing the enforceability of promises between journalists and their sources. However, Kentucky also incorporates specific statutory protections that may provide additional rights beyond the federal context.
Understanding the implications of confidentiality promises in journalism, as shaped by Cohen, is relevant for the Kentucky bar exam, particularly in tort and contract law sections.