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Tory v. Cochran (docket #: 03-1488) (2005)  [Findlaw]

Secondary Link Tory v. Cochran  [Legal Information Institute]
Argument Date 03/22/2005
Decided 5/31/2005
Supreme Court Vote 7-2
Note Shortly after oral arguments the Respondent, Johnnie Cochran, died, whereupon the Court asked for additional briefing as to whether the case was moot.
Supreme Court Ruling First Amendment claim sustained.
 
IssueWhether an injunction, stemming from a defamation and privacy judgment, that ordered the petitioner never again to display a sign or speak about respondent Johnnie Cochran (favorably or otherwise) in a public place violates the petitioner’s First Amendment rights.
 
Case Summary & Additional Resources
Majority Opinion Breyer, J.
Dissenting Opinion Thomas, J. (joined by Scalia, J.) (dissenting re mootness issue)
Lower Court California Court of Appeals
Lower Court Ruling First Amendment claim denied.
Oral Arguments -- transcript
-- trial transcript
audio (Oyez)  [Oyez]
Lawyers
For Petitioner
Erwin Chemerinsky

For Respondent
Jonathan B. Cole (Ventura, Ca.)

Briefs
For Petitioner
On the Merits

For Respondent
On the Merits

Petitioner's Reply Brief

Tony Mauro Analysis
"Cochran ruling only narrow free-speech victory"

"High court appears unsympathetic to famed attorney's plight" (03-22-05)

"'04 docket includes 3 free-speech cases"

Opinion - Lower Court
Cochran v. Tory (Cal. App., 2003)

News
AP, "High court lifts injunction on Johnnie Cochran protester" (5/31/2005)

Other
Balboa Island Village Inn Inc. v. Lemen (Cal. App., 2006)

Medill News Service (analysis & description)

Commentary
Collins, Ronald K.L., "Johnnie Cochran, Word Cop," Los Angeles Times, March 27, 2005, sect. M, p. 3
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