Washington
How Cohen v. Cowles Media Co. applies in Washington: state-specific rules, key cases, and bar exam notes for Other.
Washington law closely follows the principles established in Cohen v. Cowles Media Co. regarding the enforceability of confidentiality promises. The state emphasizes a balance between the interests of press freedom and the protection of confidential sources.
In Washington, the enforceability of a journalist's promise of confidentiality is subject to both common law principles of promissory estoppel and the Washington State Constitution's protections of free speech, which create a nuanced approach to source protection.
Held that media organizations must adhere to promises made to confidential sources, which align with the principles of Cohen.
Reinforced that confidentiality agreements must be honored under Washington law, further establishing the duty of media toward their sources.
Determined that public interest must be considered against the backdrop of individual rights, which can reshape the enforcement of confidentiality in journalism.
Washington's approach enriches the Cohen standard by considering state constitutional protections, which could offer greater confidentiality rights than federal law. While the federal standard primarily concerns First Amendment rights, Washington places an additional emphasis on the enforceability of confidentiality promises.
Questions regarding the enforceability of confidentiality agreements and journalistic ethics may commonly appear on the Washington bar exam, highlighting the importance of Cohen principles.