Thursday, November 9, 2023 — MCLE Luncheon via ZOOM — Elliot C. Rothenberg

We are very pleased to have as our November speaker, attorney ELLIOT C. ROTHENBERG,  who will discuss the anatomy of a United States Supreme Court case, from his perspective as a sole practitioner.  Elliot will refer to, and provide a “blow-by-blow” account of the historically significant Cohen v. Cowles Media litigation, which he handled from start to successful finish, establishing that First Amendment protection of reporter-source confidentiality is not limited to protecting only the press, but extends confidentiality protection to the information source (i.e., our speaker’s client, Dan Cohen), and creates rights on the part of a source to enforce a promise of confidentiality given to it by a newspaper reporter or news journalist. 

Elliot will discuss his petition for certiorari to the United States Supreme Court, and other materials which he submitted to the Court in the Cowles case, notwithstanding the conventional wisdom and prognostications of experts that the Court would never grant review (let alone uphold the position of Elliot’s client, Dan Cohen).   Elliot will also comment upon the connection between journalistic integrity and the unrestricted flow of news; the use of the First Amendment by the Press as a means to not only publish newsworthy information, but for it to withhold such information from the public; and whether the First Amendment is a guaranty limited to freedom for the press, or is instead a guaranty of freedom for the dissemination of information to the public.

Our speaker is looking forward to a lively presentation to our group, and encourages questions and discussion from all who participate in the program.

The program will 1.0 hour general participatory credit.

Some Information about our Speaker:

Elliot C. Rothenberg
124 Groveland Avenue
Minneapolis MN 55403-3607

Telephone:  612-508-5373
Email:  [email protected]

Elliot C. Rothenberg is a Minneapolis attorney specializing in Communications and First Amendment Law.  His most recognized victory was in the landmark case of Cohen v. Cowles Media Co., 501 U.S. 663 (1991), in which he was the sole attorney for the plaintiff, Dan Cohen, representing Mr. Cohen from pretrial motions; through a three-week trial in Minneapolis;  through two state court appeals; and then through petition for certiorari to, and written and oral argument before, the United States Supreme Court, which decided in favor of Elliot’s client, holding that the First Amendment does not grant media organizations immunity from generally applicable laws like the law of contracts. 

The favorable SCOTUS favorable decision was then followed by a second and final go-around in the Minnesota Supreme Court, for which Elliot continued representation of Mr. Cohen through successful conclusion.  His entire papers and related materials for the Cohen case are now archived at the Harvard Law School Library.  

Elliot is the author of The Taming of the Press (Praeger 1999) still in print;  a co-author of Defending the First (Erlbaum 2004);  and has written numerous articles in law reviews, newspapers, and magazines. 

He was a Fulbright Fellow in his early twenties, and 50 years later was appointed a Fulbright Ambassador.  Among other things besides practicing law for many years, Elliot served as a Minnesota State Representative; and most recently was a recipient of the University of Minnesota College of Liberal Arts Outstanding Alumnus Award.  

Elliot is still “at it,” and continues with his law practice at age 83.