Opinion · Supreme Court of the United States
Federal Trade Commission v. Francis Ford, Inc.
459 U.S. 999
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1982-11-08
- Topic
- intellectual-property-and-technology
How later courts describe this case
- holding that, to be actionable, "recklessness in publishing material of obviously doubtful veracity must approach the level of publishing a `knowing, calculated falsehood'"
- holding that the statement that plaintiffs "may be" charged with criminal conduct is little different from an assertion that plaintiffs have actually been charged with certain crimes
- finding that an agency determination that changes existing law and has widespread application must be addressed by rulemaking and not adjudication
- an agency determination that changes existing law and has widespread application must be addressed by rule-making and not adjudication
- it was unfair for the FTC to alter rule with widespread application by adjudication rather than rulemaking procedure
- “[T]he precise issue * * * is whether this adjudication changes existing law, and has widespread application. It does, and the matter should be addressed by rulemaking.”
- an agency determination that changes existing law and has wide-spread application must be addressed by rule-making and not adjudication
- officers of taxpayers' association active in collecting signatures for a referendum were public figures because of their voluntary and active participation in a public controversy which had brought them media and public exposure
Citator
UpLaw has not yet analyzed Federal Trade Commission v. Francis Ford, Inc.. The absence of a flag is not a finding that it is good law.
- Cited by
- 75 opinions
C. A. 9th Cir. Certiorari denied.
Justice White and Justice O’Connor would grant certiorari.