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2005 United States Supreme Court case
Tory v. Cochran Full case name Ulysses Tory, et al., Petitioners v. Johnnie L. Cochran, Jr. Citations 544 U.S. 734 (more 125 S. Ct. 2108; 161
L. Ed. 2d 1042; 2005
U.S. LEXIS 4347; 73 U.S.L.W. 4404; 33 Media L. Rep. 1737; 18 Fla. L. Weekly Fed. S 322
Prior On writ of certiorari to the Court of Appeal of California, Second Appellate District
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Majority Breyer, joined by Rehnquist, Stevens, O'Connor, Kennedy, Souter, Ginsburg Dissent Thomas, joined by Scalia
Tory v. Cochran 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 Cochran had withdrawn as Tory's lawyer in a civil rights suit nearly twenty years earlier, and in the late 1990s Tory began picketing Cochran's office, carrying signs that accused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 In an unpublished opinion, the California Court of Appeals ruled that the order was constitutional.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.
Opinion of the Court [ edit ] 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 .
Public displays Statutory religious Public funding Religion in Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected
Incitement sedition Defamation andfalse speech Fighting words andheckler's veto True threats Obscenity
Rosen v. United States United States v. One Book Called Ulysses Roth v. United States One, Inc. v. Olesen Smith v. California Marcus v. Search Warrant MANual Enterprises, Inc. v. Day Jacobellis v. Ohio Quantity of Books v. Kansas Ginzburg v. United States Memoirs v. Massachusetts Redrup v. New York Ginsberg v. New York Stanley v. Georgia United States v. Thirty-seven Photographs Kois v. Wisconsin Miller v. California Paris Adult Theatre I v. Slaton United States v. 12 200-ft. Reels of Film Jenkins v. Georgia Southeastern Promotions, Ltd. v. Conrad Erznoznik v. City of Jacksonville Young v. American Mini Theatres, Inc. Vance v. Universal Amusement Co., Inc. American Booksellers Ass'n, Inc. v. Hudnut People v. Freeman United States v. X-Citement Video, Inc. Reno v. ACLU United States v. Playboy Entertainment Group, Inc. City of Los Angeles v. Alameda Books, Inc. Ashcroft v. ACLU I United States v. American Library Ass'n Ashcroft v. ACLU II Nitke v. Gonzales United States v. Williams American Booksellers Foundation for Free Expression v. Strickland United States v. Kilbride United States v. Stevens Brown v. Entertainment Merchants Ass'n FCC v. Fox Television Stations, Inc. Free Speech Coalition v. Paxton Speech integral
Strict scrutiny Overbreadth Vagueness Symbolic speech Content-based Content-neutral
Compelled speech Compelled subsidy
Government grants Government Loyalty oaths School speech Public employees Hatch Act andLicensing and Commercial speech
Valentine v. Chrestensen Rowan v. U.S. Post Office Dept. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations Lehman v. Shaker Heights Goldfarb v. Virginia State Bar Bigelow v. Virginia Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council Linmark Assoc., Inc. v. Township of Willingboro Carey v. Population Services International Bates v. State Bar of Arizona In re Primus Ohralik v. Ohio State Bar Association Friedman v. Rogers Consol. Edison Co. v. Public Serv. Comm'n Central Hudson Gas & Electric Corp. v. Public Service Commission Metromedia, Inc. v. San Diego In re R.M.J. Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio Pacific Gas & Electric Co. v. Public Utilities Comm'n of California Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee Shapero v. Kentucky Bar Association Riley v. Nat'l Fed'n of the Blind State University of New York v. Fox Peel v. Attorney Registration and Disciplinary Commission of Illinois City of Cincinnati v. Discovery Network Edenfield v. Fane United States v. Edge Broadcasting Co. Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy Lebron v. National Railroad Passenger Corp. Rubin v. Coors Brewing Co. Florida Bar v. Went For It, Inc. 44 Liquormart, Inc. v. Rhode Island Glickman v. Wileman Brothers & Elliot, Inc. Greater New Orleans Broadcasting Assn., Inc. v. United States Los Angeles Police Department v. United Reporting Publishing Co. United States v. United Foods Inc. Lorillard Tobacco Co. v. Reilly Thompson v. Western States Medical Center Nike, Inc. v. Kasky Johanns v. Livestock Marketing Ass'n Tennessee Secondary School Athletic Assn. v. Brentwood Academy Milavetz, Gallop & Milavetz, P.A. v. United States Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA Sorrell v. IMS Health Inc. Expressions Hair Design v. Schneiderman Matal v. Tam Iancu v. Brunetti Barr v. American Association of Political Consultants Vidal v. Elster Campaign finance Anonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections
