''Tory v. Cochran'', 544 U.S. 734 (2005), is a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case involving libel.

Background

The case began in

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

with

Johnnie Cochran Johnnie Lee Cochran Jr.Adam Bernstei ''The Washington Post'', March 30, 2005; retrieved April 17, 2006. (; October 2, 1937 – March 29, 2005) was an American lawyer best known for his leadership role in the defense and criminal acquittal ...

, the famed attorney who represented O. J. Simpson, suing his former client Ulysses Tory for libel and

invasion of privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...

. Cochran had withdrawn as Tory's lawyer in a civil rights suit nearly twenty years earlier, and in the late 1990s Tory began picketing Cochran's office, carrying signs that accused him of being a thief and of accepting bribes. A trial judge ruled that Tory had made false and

defamatory Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

statements about Cochran, and instead of awarding him damages, issued an injunction ordering Tory to never again display a sign or speak about Cochran. Tory appealed, arguing that the order was a

prior restraint Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship ...

that violated his

First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...

right to

free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

. In an unpublished opinion, the California

Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

ruled that the order was constitutional. The

California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...

declined to review the case, and on April 24, 2004, Tory filed a petition for a

writ of certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...

with the U.S. Supreme Court. The petition was granted, briefing followed, and the oral argument took place on March 22, 2005. Cochran died seven days later and the court asked for further briefing.

Opinion of the Court

On May 31, 2005, the court ruled 7–2 that in light of Cochran's death, the injunction limiting the demonstrations of Ulysses Tory "amounts to an overly broad prior restraint upon speech". Two justices, Antonin Scalia and

Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...

, said that Cochran's death made it unnecessary for the court to rule.

External links

* * Tory v. Cochran Supreme Court docket* * * Supreme Court Oral Argument transcript {{US1stAmendment, press, state=expanded United States Supreme Court cases United States defamation case law 2005 in United States case law United States Supreme Court cases of the Rehnquist Court

Background

Opinion of the Court

See also

External links