JOURN 4000 1st Edition Lecture 10 Outline of Last Lecture I Taxation II Fighting words III Hate crimes Outline of Current Lecture I Irreparable harm II Pentagon Papers Current Lecture Irreparable harm inury completely stop activity money doesn t cover damages 3 levels 1 TRO Temporary restraining order a Ex pate one sided b Bond required in case other side needs to be compensated for judge s mistake 2 Preliminary injunction 2 sided a Bond required 3 Permanent injunction a 2 sided b No bond Comes from British law Chancellor s court Wanted to go to King s Court jury needed a writ needed to got to chancellor s court to get writ Writ could get you money These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Chancellor s court money injunction anything judge thinks is necessary Awards equity Libel heavy presumption on prior restraint Heavy burden of truth Near vs Minnesota 1931 1929 paper started by Near and partner Partner shot Thought local gangsters shot partner didn t think local police did anything Published story that Jewish gangsters did it police prosecuting attorney knew Prosecuting attorney used nuisance abetment law Paper is a nuisance malicious or inflammatory it can be shut down Perpetual permanent injunction from printing fine jail time Appeal to US SC does this restraint of publication allowed by state comply with freedom of press No Prior restraint is something necessary national security obstruction of military recruitment troop movements obscenity incitements to violent overthrow of government added protection of fair trial Must prove irreparable harm when you want prior restraint Pentagon papers Papers leaked by Daniel Elsberg History of involvement in Vietnam Published in NY Times John Mitchell attorney general of US Tells Times to shut down b c of irreparable injury to US Murray Gurfein Federal judge in NY first day on the job John Mitchell Justice Department tell him to shut down NY Times or it will cause irreparable harm to defense interest of the US Gurfein shuts down Times Issued TRO Gov asked for prelim injunction Freedom of press safety valve Gurfein said no to injunction 2nd Court of Appeals overturns Gurfein s decision wanted more info Washington Post publishes story TRO against Washington Post Judge denied prelim injunction Goes to DC Circuit Court of Appeals Should Post be shut down Judge asks what is the secret that threatens national security George Wilson reporter for Post Attorneys for both side Wilson meet with judge USA had broken code of North Vietnamese Navy secret according to gov Wilson said no Congressional hearing made the secret public already during investigation of Gulf of Tonkin Injunction not granted June 26 Supreme Court hears case Per curium decision Embarrassing information not enough to shut down papers
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