Background
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 Cochran had withdrawn as Tory's lawyer in a civil rights suit nearly twenty years earlier, and in the late 1990s Tory began picketing Cochran's office, carrying signs that accused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 In an unpublished opinion, the California Court of Appeals ruled that the order was constitutional.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.
The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
New York Times Co. v. United States, 403 U.S. 713 (1971), was a landmark decision of the Supreme Court of the United States on the First Amendment right to freedom of the press. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.
Cohen v. California, 403 U.S. 15 (1971), was a landmark decision of the US Supreme Court holding that the First Amendment prevented the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket displaying "Fuck the Draft" in the public corridors of a California courthouse.
Near v. Minnesota, 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution. Legal scholar and columnist Anthony Lewis called Near the Court's "first great press case".
Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship that establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Court are governed by the U.S. Constitution, various federal statutes, and its own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office.
Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47 (2006), was a United States Supreme Court case in which the Court ruled that the federal government, under the Solomon Amendment, could constitutionally withhold funding from universities if they refuse to give military recruiters access to school resources. Law schools were unwilling to allow recruiters onto campus because they considered the military's so-called "Don't ask, don't tell" policy discriminatory. The Supreme Court held oral arguments on December 6, 2005, and issued an 8–0 decision on March 6, 2006, finding the Solomon Amendment constitutional.
Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), was a United States Supreme Court case that rejected the argument that a separate opinion privilege existed against libel. It was seen by legal commentators as the end of an era that began with New York Times Co. v. Sullivan and continued with Gertz v. Robert Welch, Inc., in which the court clarified and greatly expanded the range and scope of what could be said in the press without fear of litigation.
McDonald v. Smith, 472 U.S. 479 (1985), was a United States Supreme Court case in which the Court held that the right to petition does not provide absolute immunity to petitioners; it is subject to the same restrictions as other First Amendment rights.
Quantity of Books v. Kansas, 378 U.S. 205 (1964), is an in rem United States Supreme Court decision on First Amendment questions relating to the forfeiture of obscene material. By a 7–2 margin, the Court held that a seizure of the books was unconstitutional, since no hearing had been held on whether the books were obscene, and it reversed a Kansas Supreme Court decision that upheld the seizure.
Marcus v. Search Warrant, 367 U.S. 717 (1961), full title Marcus v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri, is an in rem case decided by the United States Supreme Court on the seizure of obscene materials. The Court unanimously overturned a Missouri Supreme Court decision upholding the forfeiture of hundreds of magazines confiscated from a Kansas City wholesaler. It held that both Missouri's procedures for the seizure of allegedly obscene material and the execution of the warrant itself violated the Fourth and Fourteenth amendments' prohibitions on search and seizure without due process. Those violations, in turn, threatened the rights protected by the First Amendment.
San Francisco Arts & Athletics, Inc. v. United States Olympic Committee, 483 U.S. 522 (1987), is a decision of the Supreme Court of the United States interpreting the trademark rights of the United States Olympic Committee (USOC) to regulate the use of the word "Olympic" under the Amateur Sports Act of 1978. San Francisco Arts & Athletics, Inc. (SFAA) attempted to organize a sporting events it called the Gay Olympic Games, and the USOC sought to enjoin the games under that name. SFAA claimed that the First Amendment overrode the rights that the Act gave the USOC to control the word Olympic.
Time, Inc. v. Hill, 385 U.S. 374 (1967), is a United States Supreme Court case involving issues of privacy in balance with the First Amendment to the United States Constitution and principles of freedom of speech. The Court held 6–3 that the latter requires that merely negligent intrusions into the former by the media not be civilly actionable. It expanded that principle from its landmark defamation holding in New York Times v. Sullivan.
Hedges v. Obama was a lawsuit filed in January 2012 against the Obama administration and members of the U.S. Congress by a group including former New York Times reporter Christopher Hedges, challenging the National Defense Authorization Act for Fiscal Year 2012 (NDAA). The legislation permitted the U.S. government to indefinitely detain people "who are part of or substantially support Al Qaeda, the Taliban or associated forces engaged in hostilities against the United States". The plaintiffs contended that Section 1021(b)(2) of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on "suspicion of providing substantial support" to groups engaged in hostilities against the U.S. such as al-Qaeda and the Taliban respectively that the NDAA arms the U.S. military with the ability to imprison indefinitely journalists, activists and human-rights workers based on vague allegations.
Tanco v. Haslam was the lead case in the dispute of same-sex marriage in Tennessee. A U.S. District Court granted a preliminary injunction requiring the state to recognize the marriages of the plaintiffs, three same-sex couples. The court found the equal protection analysis used in Bourke v. Beshear, a case dealing with a comparable Kentucky statute "especially persuasive." On April 25, 2014, that injunction was stayed by the Sixth Circuit Court of Appeals. Tanco was appealed to the Sixth Circuit, which reversed the district court and upheld Tennessee's refusal to recognize same-sex marriages from other jurisdictions on November 6.
Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the District of Columbia, and Guam.
Kingsley Books, Inc. v. Brown, 354 U.S. 436 (1957), was a Supreme Court case that addressed issues of obscenity, free speech, and due process. The case stemmed from the confiscation and destruction of books from a New York City bookstore. The court's determination was that:
A state injunction against distribution of material designated as "obscene" does not violate freedom of speech and press protected by the First Amendment and the Due Process Clause of the Fourteenth Amendment.
California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508 (1972), was a landmark decision of the US Supreme Court involving the right to make petitions to the government. The right to petition is enshrined in the First Amendment to the United States Constitution as: "Congress shall make no law...abridging...the right of the people...to petition the Government for a redress of grievances." This case involved an accusation that one group of companies was using state and federal regulatory actions to eliminate competitors. The Supreme Court ruled that the right to petition is integral to the legal system but using lawful means to achieve unlawful restraint of trade is not protected.
National Institute of Family and Life Advocates v. Becerra, 585 U.S. 755 (2018), was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The law required that licensed centers post visible notices that other options for pregnancy, including abortion, are available from state-sponsored clinics. It also mandated that unlicensed centers post notice of their unlicensed status. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the Fourteenth Amendment."
The shadow docket refers to motions and orders in the Supreme Court of the United States in cases which have not yet reached final judgment, decision on appeal, and oral argument. This especially refers to stays and injunctions, but also includes summary decisions and grant, vacate, remand (GVR) orders. The phrase "shadow docket" was first used in this context in 2015 by University of Chicago Law professor William Baude.
