This section contains the nature of the case and procedural background.

Cohen (P) came to newspaper reporters Sturdevant (Star Tribune) and Salisbury (Pioneer Press) and gave them information about the criminal troubles of one of the candidates for lieutenant governor. P did so on the assurances that both would keep their source confidential. Neither reporter informed P that their promises of confidentiality were subject to the approval of their editor. Both reporters jumped on the case and interviewed the candidate. The Star also assigned another reporter who independently discovered P's role in bringing the criminal records out of storage. P's name was published in connection with the leaks to the press the very next day. P sued. The trial court ruled that the First Amendment did not bar P's contract and misrepresentation claims. P won the verdict of $200,000 and $250,000 in punitives. The court of appeals set aside the punitives as the misrepresentation claim had not been proven as a matter of law. The $200,000 award for compensatory damages was upheld. D appealed.

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