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.