defamation

Issues

Former co-workers reported pilot William Hoeper to the Transportation Security Administration ("TSA"), claiming they were concerned that Hoeper, who was about to fly home as a passenger, was mentally agitated and might be armed. Hoeper sued Air Wisconsin for defamation, alleging that the co-workers’ statements to the TSA were misleading and the result of animosity against him. The Court will decide whether immunity under the Aviation and Transportation Security Act ("ATSA"), which would cover statements made by airlines to the TSA, can be denied without a court first determining that the disclosure was false. While Hoeper argues that his co-workers’ statements were clearly materially false, Air Wisconsin argues that the lower court needed to make a determination that the statements were false before denying immunity to Air Wisconsin. The Supreme Court’s ruling in this case will have a direct impact on the scope of protection for airlines that report suspicious activities to the TSA. The Court’s ruling may also have a broader impact on First Amendment jurisprudence. 

Questions as Framed for the Court by the Parties

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In 1983, Ulysses Tory retained Johnnie L. Cochran, Jr. as his attorney in a personal injury lawsuit. Dissatisfied with Cochran's manner of representation, Tory complained that Cochran was conspiring with the City of Los Angeles against him. Tory threatened Cochran and claimed that he would "settle" his conspiracy claims against Cochran if Cochran quickly paid him $10 million…." Cochran consequently withdrew as Tory's lawyer.  Tory made subsequent requests for money, which Cochran ignored. 

In the 1990's, Tory and a group of people began picketing outside Cochran's office and the Los Angeles Superior Court. Tory had brought the picketers to these locations. In 2000, Tory wrote to Cochran demanding more money.  In October of that year, Cochran filed this lawsuit against Tory and alleged causes of action for defamation and invasion of privacy. A preliminary injunction was granted and the case was tried in March 2002. The trial court held that Cochran was entitled to a permanent injunction.  The permanent injunction forever prohibits Tory from all future speech in any public forum, regardless of content or context, about Cochran, an admitted public figure. Tory appealed to the California Court of Appeal, which ultimately affirmed the permanent injunction decision of the lower court.  Now the United States Supreme Court must decide whether a permanent injunction as a remedy in a defamation action, preventing all future speech about an admitted public figure, violates the First Amendment.

Questions as Framed for the Court by the Parties