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Public Relations Litigation, Kishanthi Parella
Public Relations Litigation, Kishanthi Parella
Scholarly Articles
Conventional wisdom holds that lawsuits harm a corporation’s reputation. So why do corporations and other businesses litigate even when they will likely lose in the court of law and the court of public opinion? One explanation is settlement: some parties file lawsuits not to win but to force the defendant to pay out. But some business litigants defy even this explanation; they do not expect to win the lawsuit or to benefit financially from settlement. What explains their behavior?
The answer is reputation. This Article explains that certain types of litigation can improve a business litigant’s reputation in the eyes …
The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman
The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman
Scholarly Articles
In Near v. Minnesota, the Supreme Court added the injunction to executive licensing as a prior restraint. Although the Near court circumscribed the injunction as a prior restraint, it approved criminal sanctions and damages judgments. The prior restraint label resembles a death sentence. This article maintains that such massive retaliation is overkill.
A judge’s injunction that forbids the defendant’s tort of defamation tests Near and prior restraint doctrine because defamation isn’t protected by the First Amendment. Arguing that the anti-defamation injunction has outgrown outright bans under the prior restraint rule and the equitable Maxim that “Equity will not enjoin defamation” …