Federal and state courts are divided on whether such injunctions are constitutional, and the U.S. Supreme Court has not weighed in.
There's a New Hampshire prosecution for criminal libel of a police chief -- and it may well be legally viable, at least if the defendant's statement is seen as a knowingly false factual claim. [UPDATE, June 8, 2018: Charges have now been dropped.]
A libel lawsuit in which the alleged libel is sealed is like Hamlet without the Prince -- or maybe like Othello with Iago's slanders redacted.
No, says the Iowa Supreme Court, rejecting the claim that such statements (labeled "counterculture practices" by the plaintiffs) were libelous or negligent.
The ad criticizes Arkansas Supreme Court Justice Courtney Goodson; the TRO that she just got today is almost certainly an unconstitutional prior restraint.
"[Defendant's] posts inspired viewers’ comments, which read like a nerd’s version of a fist fight." More substantively, "In this context, and considering the cutting-edge nature of [plaintiff's] research into antimatter’s theoretical applications [which defendant was sharply criticizing], a reasonable reader would expect zealous debate."
So the New Jersey Supreme Court held this morning, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman.
City councilman names his WiFi network “[Name of mayor and her husband] stocking u2”; could be libelous, holds the Idaho Supreme Court by a 3-2 vote.
In 1980, the Minnesota Supreme Court said "yes"; yesterday, it agreed to hear a case that might lead it to reconsider.
A new section for the brief I blogged about last week, ultimately arguing that an injunction is improper in
Sindi v. El-Moslimany -- but not because of the First Amendment.
I'm crowd-testing this draft amicus brief, which I need to be file by Wednesday, April 25. Please tell me what I'm getting wrong here!
When it comes to "opening up" the First Amendment, the president's bark is worse than his bite.
Jia Yueting got an injunction from a Washington state court, forbidding critic Gu Yingqiong from "publish[ing] any posts or [online] commentary concerning" Jia.
Bruce Perens' claimed that Open Source Security's license violates the GPL open-source license agreement; that's protected opinion, the court said.
Is there no more room for scientific skepticism and debate?
Arpaio doesn't like to be reminded he was held in contempt of court
Five terrible, perpetually recurring arguments, debunked.
Government censorship always wears the mask of ‘public interest,’ and this will be no different.
The president thinks incomplete press coverage should be grounds for a lawsuit.
The beauty of the First Amendment is that it even protects people who wouldn't protect it.