Saturday, August 30, 2014

Texas supreme court issues important ruling on prior restraint

The Texas state supreme court has ruled against a practice called “prior restraint”, in a case “Kinney v. Barnes”, that the state may not normally preclude a defendant in a libel or other tort case from speaking about a plaintiff at an unspecified time in the future.  The Electronic Frontier Foundation story by David Greene is here.
My recollection is that it has been fairly common for some out-of-court settlements to be predicated on the idea that the supposed defendant will not comment on the plaintiff in the future, as a way of limiting or even avoiding monetary damages.   

The video above explains prior restraint in a bigger context.

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