Free Speech

Court Denies Injunction Against Mary Trump's Book

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Paul Alan Levy (Public Citizen's Consumer Law & Policy Blog) has a quick summary; you can read the entire opinion here. To quote Levy,

At several points in the opinion, [the judge] rules [as a matter of New York law] that the non-disclosure clause in the agreement settling the family will contest is far narrower than plaintiff Robert Trump had argued; while at other points he appears to say that, if the clause is as broad as Robert Trump had contended, it would be too broad to be enforced consistent with sound public policy….

The clearest ruling in the decision was in favor of defendant Simon & Schuster, which the court said simply could not be treated as a proper subject for relief on the contract because publishing a book does not make a company the agent of the speaker.

(Recall that the lawsuit is all about Mary Trump's nondisclosure agreement, which by its terms purports only to bind Trump and her "agents.")