Tory v. Cochran

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Tory v. Cochran
U.S. LEXIS
4347; 73 U.S.L.W. 4404; 33 Media L. Rep. 1737; 18 Fla. L. Weekly Fed. S 322
Case history
PriorOn writ of certiorari to the Court of Appeal of California, Second Appellate District
Court membership
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
Case opinions
MajorityBreyer, joined by Rehnquist, Stevens, O'Connor, Kennedy, Souter, Ginsburg
DissentThomas, joined by Scalia

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

libel
.

Background

The case began in

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

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

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.

See also

External links

  • Text of Tory v. Cochran, 544 U.S. 734 (2005) is available from: CourtListener  Findlaw  Google Scholar  Justia  OpenJurist  Oyez (oral argument audio)  Supreme Court (slip opinion) (archived) 
  • Tory v. Cochran Supreme Court docket
  • "Petitioners' brief in pdf" (PDF). Archived from the original (PDF) on September 3, 2005.
  • "Brief amici curaie in pdf" (PDF). Archived from the original (PDF) on October 31, 2006.
  • Supreme Court Oral Argument transcript