Common Law Liability

Media lawyers have recently been confronted with a relatively new source of litigation: the tort of intentional interference with contractual relations, which arises out of confidentiality agreements. In this Article, the authors identify the elements of tortious interference with contracts and examine the key issues presented when this tort is applied to newsgathering. The authors then consider a potential defense based on the First Amendment. In light of the public and constitutional interests at stake, the authors conclude that the breach of a confidentiality agreement should not sustain a tortious interference claim when the press is involved in newsgathering activity.

INTRODUCTION

The revelation that CBS had decided not to air an interview with a former tobacco executive on the news magazine program 60 Minutes sent media lawyers across the country scrambling to understand the tort of intentional interference with contractual relations, a little-litigated tort in the media context. This Article addresses some of the many questions raised by the CBS announcement .