Federal Trade Commission v. Francis Ford, Inc.

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