Prior Restraints
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Global Wildlife Center v. Hammond Action News
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Ness v. Rondberg
Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty, USA Inc.
Kerr v. Smith
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Eppley v. Iacovelli
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Description:
Global Wildlife Center, a wildlife preserve in Folsom, Louisiana, sued Nicholas Brilleaux, publisher of the Hammond Action News blog, after he published a satirical article about a fake giraffe attack at the preserve. Hammond Action News publishes Onion-style fake news stories about regional happenings in the Hammond area northwest of New Orleans.
On March 2, 2010, Judge Brenda Bedsole Ricks of the 21st Judicial District Court in Amite, Louisiana granted Global Wildlife Center a temporary restraining order requiring Brilleaux to remove the story from his blog.
Brilleaux's lawyer told the First Amendment Center that the restraining order was issued without a hearing. The court will hold a hearing on Global Wildlife Center's request for a preliminary injunction on March 15, 2010. The ACLU filed an amicus curiae brief in support of Brilleaux, arguing that the First Amendment protects his satirical work.
Update:
03/15/2010 - District Judge Beth Wolfe dissolved the temporary restraining order and denied the request for a preliminary injunction. The court also ordered Global Wildlife to pay Brilleaux $500 in attorneys' fees and court costs.
03/01/2013 - about three years after the dissolution of this case, Ken Matherne, the owner of the Global Wildlife Center, sent an email to Ken White of the blog Popehat, threatening legal action for his blog post from March 2010 concerning this case.
3/06/2013 - the website Techdirt, after reporting on the threat received by Ken White from Ken Martherene, received a similar threat via email.