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0 tracked cards Constitutional Law

A mayor sues a blogger for defamation and obtains an order barring the blogger from publishing any future statements about the mayor's finances until trial. The order was entered after a short hearing and contains no findings that post-publication remedies would be inadequate.
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The injunction is a prior restraint and is presumptively unconstitutional unless the government satisfies an extraordinarily demanding standard and procedural safeguards are present. The injunction is valid if it prohibits only statements about public officials. The injunction is valid if damages would also be available after publication. The injunction is presumed valid because it applies only before trial.

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