Comments on: Judge’s order: do not write about this public official ever again https://www.overlawyered.com/2013/02/judges-order-write-public-official-ever/ Chronicling the high cost of our legal system Mon, 25 Feb 2013 17:27:47 +0000 hourly 1 By: mojo https://www.overlawyered.com/2013/02/judges-order-write-public-official-ever/comment-page-1/#comment-201324 Mon, 25 Feb 2013 17:27:47 +0000 http://overlawyered.com/?p=36404#comment-201324 Just a TAD over-broad, there, judgie-wudgie.

]]> By: John Burgess https://www.overlawyered.com/2013/02/judges-order-write-public-official-ever/comment-page-1/#comment-201284 Mon, 25 Feb 2013 03:21:31 +0000 http://overlawyered.com/?p=36404#comment-201284 I might settle for a 10-question, multiple-choice test on the Constitution. Passing with a 10/10 score is required to move onto the next stage of confirmation.

]]> By: No Name Guy https://www.overlawyered.com/2013/02/judges-order-write-public-official-ever/comment-page-1/#comment-201282 Mon, 25 Feb 2013 01:06:28 +0000 http://overlawyered.com/?p=36404#comment-201282 Ursula Ungaro, please report to remedial 1st Amendment Class immediately.

]]> By: Mark Hartzler https://www.overlawyered.com/2013/02/judges-order-write-public-official-ever/comment-page-1/#comment-201275 Sun, 24 Feb 2013 20:57:10 +0000 http://overlawyered.com/?p=36404#comment-201275 Even with a default judgment, the Court’s permanent injunction restraining Joseph from future communications regarding Lamothe and Baker appears unconstitutional. This isn’t a case during wartime or involving obscene material, but allegations of damage to a business and personal reputations. In their motion for a preliminary injunction (available on PACER), Lamothe and Baker said they didn’t seek a preliminary injunction that would constitute a prior restraint as they understood the limits of the injunctive relief available, but only sought removal of the three, subject articles. When the case went into default, plaintiffs went for the whole enchilada and the judge signed off on it. I suspect Joseph could get the injunction vacated. But he lives in New York and they sued in Florida, so he may have lacked the resources to defend against this federal action.

]]> By: Scott Jacobs https://www.overlawyered.com/2013/02/judges-order-write-public-official-ever/comment-page-1/#comment-201256 Sun, 24 Feb 2013 06:39:08 +0000 http://overlawyered.com/?p=36404#comment-201256 Dear judges,

Prior restraint of speech is only allowed in very narrow instances – “someone might say mean things” isn’t one of them.

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