Monday, November 03, 2008

Prior Restraint in Black River Falls

I have posted a comment on the awful decision by a circuit judge in Black River Falls enjoining political speech over at the Marquette University Law School Faculty Blog.Democrats should be careful about what they wish for. If this is permissible, then at least half of Obama's spots in Wisconsin could have been ordered off the air.

Courts (or at least those who know what they are doing) are reluctant almost to the point of always and everywhere refusing to issue prior restraints on political speech. There are good reasons for that.

H/T: Illusory Tenant

Update: The Court of Appeals has stayed the TRO.

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