TORY V. COCHRAN
554 U.S. 734 (2005)
NATURE OF THE CASE: This was an appeal from a permanent injunction against speech related
activities in a defamation lawsuit.
FACTS: Johnnie Cochran (P) brought a state-law defamation action against petitioner
Ulysses Tory (D). The state trial court found that D had engaged in unlawful defamatory
activity. D falsely claimed that P owed him money, had complained to the local bar
association, had written P threatening letters demanding $10 million, had picketed P's
office holding up signs containing various insults and obscenities; and, with a group of
associates, had pursued P while chanting similar threats and insults. The court concluded
that D's claim was without foundation, that D engaged in a continuous pattern of libelous
and slanderous activity, and that D had used false and defamatory speech to 'coerce' P into
paying 'amounts of money to which D was not entitled' as a 'tribute' or a 'premium' for
'desisting' from this libelous and slanderous activity. D indicated that he would continue
to engage in this activity in the absence of a court order. The Superior Court issued a
permanent injunction. The injunction prohibited Ds or their 'agents' or 'representatives'
from 'picketing,' from 'displaying signs, placards or other written or printed material,'
and from 'orally uttering statements' about P, and about P's law firm in 'any public forum.'
Ds appealed. The California Court of Appeal affirmed. Ds then filed a petition for a writ of
certiorari. It was granted. After oral argument, P's counsel informed the Court of P's
recent death. Counsel also moved to substitute Johnnie Cochran's widow, Sylvia Dale Mason
Cochran, as respondent, and suggested that the case be dismissed as moot. Ds denied that the
case was moot.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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