Tory v. Cochran
Encyclopedia
Tory v. Cochran, 544 U.S. 734
(2005), is a United States Supreme Court
case involving libel. The case began in California
with Johnnie Cochran
, the famed attorney who represented O.J. Simpson, suing his former client Ulysses Tory for libel and invasion of privacy
. Cochran had withdrawn as Tory’s lawyer in a civil rights suit nearly twenty years earlier, and in the late 1990s Tory began picketing Cochran’s office, carrying signs that accused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 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
that violated his First Amendment
right to free speech. In an unpublished opinion
, the California Court of Appeals
ruled that the order was constitutional. The California Supreme Court declined to review the case, and on April 24, 2004, Tory filed a petition
for a writ of certiorari 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.
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
, said that Cochran's death made it unnecessary for the court to rule
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2005), is a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case involving libel. The case began in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
with Johnnie Cochran
Johnnie Cochran
Johnnie L. Cochran, Jr. was an American lawyer best known for his leadership role in the defense and criminal acquittal of O. J...
, the famed attorney who represented O.J. Simpson, suing his former client Ulysses Tory for libel and invasion of privacy
Invasion of privacy
United States privacy law embodies several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his or her private affairs, discloses his or her private information,...
. 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 statements about Cochran, and instead of awarding him damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
, issued an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
ordering Tory to never again display a sign or speak about Cochran. Tory appealed, arguing that the order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
was a prior restraint
Prior restraint
Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
that violated his First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right to free speech. In an unpublished opinion
Non-publication
Non-publication of opinions, or Unpublished opinions, are those decisions of courts that are not available for citation as precedent because the judges making the opinion deem the case as having less precedential value....
, the California Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
ruled that the order was constitutional. The California Supreme Court declined to review the case, and on April 24, 2004, Tory filed a petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
for a writ of certiorari with the U.S. Supreme Court. The petition was granted, briefing followed and the oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
took place on March 22, 2005. Cochran died seven days later and the court asked for further briefing.
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
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
, said that Cochran's death made it unnecessary for the court to rule
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
.
See also
External links
- [ Tory v. Cochran Supreme Court docket]
- Petitioners' brief in pdf
- Respondent's brief in pdf
- Petitioners' reply brief in pdf
- Brief amici curaie in pdf
- [ Supreme Court Oral Argument transcript]
- Slip Opinion in pdf - Tory v. Cochran, 544 U.S.___(2005).