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Full-Text Articles in Legal Remedies
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” …
Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Labor Law-Availability Of Injunctive Relief Against Peaceful Picketing Under Illegal Purpose Doctrine
Washington and Lee Law Review
No abstract provided.