“Permanent injunctions following a full trial may be constitutional, if the speech fits within some First Amendment exception, such as perhaps the libel exception. Preliminary injunctions are almost never constitutional, as the Pentagon Papers case shows. And in any event, any injunction would have to be based on a showing that the entire article was indeed within a First Amendment exception — it’s hard for me to see how this could be so.”

Read the article by Eugene Volokh in the Washington Post.

Posted by rbchatelle on Monday, June 1st, 2015 @ 8:43AM
Categories: Uncategorized

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