Economy Carpets Mfrs. & Dist., Inc. v. Better Bus. Bur. of Baton Rouge Area, Inc.

330 So. 2d 301
CourtSupreme Court of Louisiana
DecidedMarch 29, 1976
Docket57146
StatusPublished
Cited by7 cases

This text of 330 So. 2d 301 (Economy Carpets Mfrs. & Dist., Inc. v. Better Bus. Bur. of Baton Rouge Area, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Economy Carpets Mfrs. & Dist., Inc. v. Better Bus. Bur. of Baton Rouge Area, Inc., 330 So. 2d 301 (La. 1976).

Opinion

330 So.2d 301 (1976)

ECONOMY CARPETS MANUFACTURERS AND DISTRIBUTORS, INC.
v.
BETTER BUSINESS BUREAU OF BATON ROUGE AREA, INC.

No. 57146.

Supreme Court of Louisiana.

March 29, 1976.

*302 Bart Eaton, D. Bert Garraway, Baton Rouge, for plaintiff-relator.

Donald T. W. Phelps, Seale, Smith & Phelps, Baton Rouge, for defendant-respondent.

Calvin E. Hardin, Jr., Ashton L. Stewart, A. Leon Hebert, P. Raymond Lamonica, Baton Rouge, for amicus curiae.

DENNIS, Justice.

We granted certiorari to consider the ambit of constitutional protection to be afforded a person when the publication of his views out of court is alleged to be in conflict with the fair administration of justice in the courts. The petitioner, a litigant in a civil jury case before the East Baton Rouge Parish district court, contends that the trial judge, in prohibiting it from expressing opinions concerning the parties, the judge and other persons involved in the lawsuit, has abridged its liberty of free speech as protected by the *303 First Amendment and the Due Process Clause of the Fourteenth Amendment to the United States Constitution, and Article I, § 7 of the Louisiana Constitution of 1974.

On May 9, 1975, Economy Carpets Manufacturers and Distributors, Inc. instituted suit against the Better Business Bureau of Baton Rouge Area, Inc., claiming treble damages and attorney's fees for conspiratorial acts in restraint of trade and commerce under La.R.S. 51:122. Subsequently, plaintiff successfully moved the district court for an order allowing a trial by jury in these proceedings. During a hearing on a contested discovery motion the trial judge was orally informed by counsel that the parties had published comments about the litigation on a sign board and in a bulletin mailed within the Baton Rouge area. Without an evidentiary hearing, the court issued an order prohibiting the parties from using any public advertisements, news media, private publication or other means whatsoever to draw attention to the litigation, and further ordered that all signs were to be removed within twenty-four hours. On certiorari to this Court, the order of the trial court was set aside as having been improperly issued without affording the parties a hearing or an opportunity to present evidence. 319 So.2d 783 (La.1975).

After remand, the trial court conducted an evidentiary hearing on its own motion and issued an order commanding the plaintiff to cease and desist from using signs or any public advertisements to call attention to this litigation and prohibiting defendant from calling attention to this litigation by means of any public advertisements or private publications. We again granted writs to review the significant constitutional issues raised by this decision.

The facts are not in dispute. On May 6, 1975, Jesse James Jarreau, executive officer of Economy Carpets, stationed a portable electric sign at its place of business on Greenwell Springs Road in Baton Rouge, which read:

"CHARLIE TAPP OF CONSUMER PROTECTION IS A LIAR WHO SUCKS UP WITH THE B.B.B."

On May 15, 1975, the defendant BBB distributed to its membership a bulletin in which it discussed the background of this litigation. This included referral of complaints against Economy Carpets by the BBB to Mr. Charles Tapp, Director of the Governor's Office of Consumer Protection; an investigation of Economy by Mr. Tapp which resulted from the complaints; and various verbal attacks upon the BBB and Mr. Tapp made by Jesse James Jareau of Economy Carpets.

On May 29 or 30, 1975, Mr. Jarreau placed a portable electric sign across the street from the BBB office at 200 Laurel Street in Baton Rouge, which stated:

"THE BETTER BUSINESS BUREAU SHAFTS YOU & THE SMALL BUSINESSMAN TOO!"

On June 9, 1975, Mr. Jarreau changed the wording of the sign across from the BBB office to read:

"DALE RAMIREZ OF THE BETTER BUSINESS BUREAU MUST RESIGN PENDING INVESTIGATION."

Between June 17 and June 30, 1975, Mr. Jarreau was quoted in a local weekly newspaper as having said:

"We have asked for a jury trial, so I am not scared of Melvin Shortess. We might even put up a sign about him."

*304 On June 25, 1975, Mr. Jarreau changed the lettering on the sign across from the BBB office to state:

"BILLY GUSTE DOESN'T HAVE THE BALLS TO INVESTIGATE HIS DARLINGS, CHARLIE TAPP & THE BBB."

However, on June 27, 1975, he changed the word "balls" to "guts." Then on or about July 16, 1975, this sign was changed by Mr. Jarreau to say that congressional records prove that BBBs are phonies run by big shots, or words to that effect. On November 17 through 22, 1975, the sign erected across from the BBB office stated:

"THE BBB IS THE WORST BUNKO OPERATION OF THEM ALL ECONOMY CARPETS JESSE JAREAU."

From November 22, 1975 through January 9, 1976, it said:

"A VOTE FOR JUDGE SHORTESS IS A VOTE AGAINST FREEDOM OF SPEECH ECONOMY CARPETS JESSE JARREAU."[1]

At one point the sign was worded to read:

"NEWS FLASH JIM KOLTER QUITS BBB RUNNING SCARED MOVING OUT OF TOWN."

Mr. Jarreau testified that he thought he had a right to erect the signs and that he contemplated putting up similar ones in the future.

The evidence does not show the proximity of the signs to the parish courthouse, nor is there any indication that either sign could be seen by persons entering or leaving the court building.

In its written reasons for judgment the trial court concluded that:

"* * * It is imperative that strong protective measures be taken in order to assure that the trier of fact will not be influenced by anything other than an objective presentation of the evidence. * * *"

and cited as authority for its issuance of the protective order La.C.C.P. art. 1631 which, in pertinent part, provides:

"The court has the power to require that the proceeding shall be conducted with dignity and in an orderly and expeditious manner, and to control the proceedings at the trial, so that justice is done."

This article is a partial restatement of the courts' inherent judicial authority and power of supervision. La.Constitution of 1974, Art. II; Art. V, §§ 1, 2; La.C.C.P. art. 1631, Official Revision Comment (a). Unquestionably, this power and authority would furnish ground for the issuance of a protective order to assure the fair administration of justice under proper circumstances. See Economy Carpets v. BBB, 319 So.2d 783 (La.1975). However, the judicial authority, as all powers of government, is not without limit, and where it is asserted an individual's right of free speech has been abridged by the exercise of that power, the burden is upon us to define its limitations.

*305 Since any order issued under La.C.C.P. art. 1631 restricting an individual's freedom of expression would depend ultimately for its enforcement upon the court's contempt power, we find that the decisions of the United States Supreme Court defining the limitations upon that power to be controlling, insofar as petitioner's assertion of its First Amendment rights under the United States Constitution, and very pertinent to our inquiry into a court's authority to hinder freedom of expression under the Louisiana Constitution. In Wood v. Georgia, 370 U.S. 375, 82 S.Ct.

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