N.C. Trial Court Holds Preliminary Injunctions Against Alleged Libel Are Unconstitutional
From Ford v. Jurgens, by Judge Adam M. Conrad of the North Carolina Superior Court / Business Court branch (decided May 6, 2020, but just posted on Westlaw), a good illustration of courts’ sound reluctance to issue preliminary injunctions—before a full trial on the merits—against alleged defamation, even though permanent injunctions after such a trial are now fairly broadly accepted:
This case began as a derivative action on behalf of a nonprofit real estate investors association, known as TREIA. The plaintiffs (John Ford and Christopher Kisgen) accuse two board members (Carl Jurgens and Kathie Russell) of misappropriating nearly $300,000 from the association….
Defendants now ask the Court for a … preliminary injunction that would require Ford and Kisgen to remove the “Save TREIA” website and Facebook page and enjoin them from disseminating “any false and/or defamatory information” about Defendants….
To begin, courts are deeply skeptical of requests to enjoin speech and expression. Indeed, temporary injunctions “are classic examples of prior restraints,” and “prior restraints on speech and publication are
Article from Latest – Reason.com