Is an Injunction Proper in a Celebrity’s Defamation Case?

Tory v. Cochran

Tory had picketed outside of Johnny Cochran’s house, sent him threatening letters, and generally harassed Cochran in order to coerce $10 million from him. A court granted a permanent injunction against Tory doing any of these things. The case was taken up by the Supreme Court to determine if a permanent injunction against speaking about a public figure is proper. It is nearly impossible for public figures to win defamation cases because defamation is something that comes with the territory, which you accept when you decide to become a public figure.

Then Cochran died. The Court decided that because of the way California law works, the injunction is still in effect, and is so until a judge revokes it. The Court then decided it would be proper to substitute his wife in his place. In this case, since Cochran is dead, and cannot be coerced, the majority held that the injunction amounted to “prior restraint” (the worst kind of First Amendment violation). The dissent stated that certiorari should be revoked and the lower courts should sort it out.