Special Injunction Issues

1
Special Injunction Issues

• Enjoining Speech or Litigation
• Enjoining Nuisances and Crimes (briefly)

2
Conditions for Injunctive Relief

• Inadequacy of Legal Remedy
• Irreparable Imminent Harm
• (c) Equitable Balancing/Public Interests

3
First Amendment as Factor in Public Interest and
Balancing

• Congress shall make no law abridging the
  freedom of speech or the right of the people
  peaceably to assemble, and to petition the
  Government for a redress of grievances.

4
Onassis (1972)

• Does D.Ct. consider public interest in deciding
  whether to enjoin, or in crafting scope of,
  injunction? What was it?
• What was scope?
• On appeal, which aspect(s) of it were rejected?
  Why?

• Facts?
• How did all the parties get in court?
• What did D.Ct. think of the complaint?
• On her counterclaim, why no adequate remedy at
  law?

5
First Amendment Bar to Obtaining Injunctive
Relief

• Well see that constitutional limitations on
  claims (especially defamation) increase when
  either
• (1) the plaintiff is either (a) a public official
  or (b) a public figure
• or (2) the allegedly defamatory statement
  involves a matter of public concern.

• Well also see
• government regulation of speech is more difficult
  to sustain if it is not content neutral
• prior restraints on speech are very difficult
  to sustain
• but that conduct restrictions are easier to
  sustain under the First Amendment, but must give
  notice of what is prohibited.

6
Willing (290)

• Facts? What claim? What relief? Private or
  public matter?
• What did trial court enjoin?
• Appellate court?
• What was majoritys two grounds for reversal?
• (1) Plaintiffs have an _____ ______ at law.
• Is indigency irrelevant to existence of adequate
  remedy at law? Why?
• What did judge mean by saying trial court made
  defendants right to trial by jury depend on her
  income?
• (2) Injunction is a _____ ______ on speech.
• There is a _____ _________ against the ______ of
  any prior restraint on speech.
• More Thursday
• So, what does the firm get as its remedy?

7
Mabe (295)

• Facts?
• What claim?
• What relief sought?
• Plaintiff a public or private figure?
• Matter of public or private concern?
• A prior restraint on distribution of printed
  matter is _____________________________________.
• Why?
• To overcome presumption, plaintiff points to its
  ____________________ interests.
• Result here? Why?
• So, what remedy?

8
First Am Enjoining Litigation

• Enjoining litigation implicates 1st Amendment
• It has been interpreted to include a right to
  petition government by filing suit against
  private individuals to petition the
  Government for a redress of grievances.

9
Pavilonis (297)

• Facts?
• Why was dismissal appropriate?
• Rule People have a first amendment right to
  sue.
• Exception filing of a civil suit can be
  enjoined if plaintiff is (1) bent on
  ____________________ and (2) has an intent
  _______________________(299).
• Why not (1) here?
• Why not (2) here?

10
Enjoining Criminal Litigation

• General rule A civil court may ____ _____ an
  on-going criminal prosecution.
• Why?
• Even if the criminal law is clearly invalid?
• Exception equity will protect personal or
  property rights against criminal prosecution, but
  only if
• (1) unless relief is granted, a _____ right of
  the plaintiff will be impaired to a _____ degree.
• (2) the remedy at law is _______ and
• (3) the injunction can be applied with ______
  success and without imposing an _________ on the
  court or bringing it into disrepute.
• Facts here? Result?
• Why was the prosecution in Kenyon enjoined?

11
Enjoining Nuisances

• Weve seen already that the rule is that a
  one-time nuisance doesnt get the plaintiff
  injunctive relief.

• Instead, the plaintiff must establish the factors
  for injunctive relief (immediate, irreparable
  harm, inadequate remedy at law, and equitable
  balancing).
• Watch for health or safety and repeated or
  continuous nuisances.

12
Enjoining Crimes

• Why would a court hesitate to enjoin a crime?
• Not our focus, by the way, but an interesting
  question.

13
Notice Statutes and Injunctions

• Why shouldnt court order paparazzi not to
  harass? Cf. Portland (68)
• Is this sufficient Defendants are ordered not
  to come within 10 feet of another person near the
  Abortion Clinic with signs, oral protests, or
  leaflets without that persons consent.
• Is Defendant shall not shout, scream, chant,
  or yell during on-site demonstrations or produce
  noise which substantially interferes with the
  provision of medical services at the clinic.

14
A Preview of Thursday

• Speech
• Words, sounds, movies, music, and symbolic
  speech
• Flag burning.

• Remedies
• A statute that violates a defendants 1st
  Amendment rights cant be enforced against her.
• An injunction that violates a defendants 1st
  Amendment rights cant be enforced against her,
  either.
• Injunctions and prior restraints

15
Whats Affected?

• Content regulation
• Fighting words
• Inciting riots
• Obscenity
• False or dangerous commercial speech
• Defamatory speech
• Public figure?
• Public concern?

• Conduct regulation
• Public fora
• Limited public fora
• Nonpublic fora