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Injunction Junction, What’S Your Function? Crafting Permanent Injunctions To Be Appropriate Remedies In Defamation Cases, James Netter

Georgia Law Review

When someone is liable for defamation, a court will
almost always levy monetary penalties against the
defamer. A rarely used penalty for defamation is the
imposition of a permanent injunction on the defaming
party that would prevent them from repeating their
defamatory content. Many courts see permanent
injunctions as an unconstitutional prior restraint on a
person’s right to speak, refusing to allow the
condemnation of a person’s speech before they have
spoken it. However, the common justifications for
denying permanent injunctions are weaker upon
reevaluation, particularly in the Internet age, and some
courts and legal scholars recognize that an injunction …