Supreme Court Hears OC Case

The California State Supreme Court will soon be issuing a ruling on a free speech case that originated on Balboa Island.

Long story short, it addresses a “prior restraint” order in which a judge told a Balboa woman that she was not allowed to say certain defamatory things about a bar which is next to a property that she owns.
Read about it here (and let me know if you can’t get in to see the story).

I think this is really interesting. On one hand, you have the right of the individual to free speech. On the oher, you have the results of that free speech, possibly defamatory, on a business. Should a judge be able to preemptively bar you from something you are likely to do?

1 Comment so far

  1. Jon (unregistered) on January 29th, 2007 @ 11:01 am

    Wow she sounds like a real nightmare. I wonder what she is like as a landlord? How much do you wanna bet she’s isn’t creating equal housing opportunities? I am sure there is some discrimination against her cottage tenants on the basis of their religion, sex, national origin, age or familial status. Based on her interview I’d say it’s a given.

    As for the supreme court issue, sadly, I am on her side. A judge doesn’t need to preemptive bar a person from something they are likely to do. Isn’t it the point of laws and ordinances to do just that? There is no need to reiterate the issue with a judicial order.

    I suppose someone could make persuasive argument for the opposing side of the issue. I’d be interested in hearing it actually.

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