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TRO Against Alleged Defamation, and Also Banning "Harassing Conduct"

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monday

Free Speech

Eugene Volokh | 8.4.2025 12:13 PM

From Owen v. Askew, decided July 24 by Judge Ann Aiken (D. Ore.); I'm skeptical about this, because the relief is before any trial on the merits (and thus isn't based on any final determination on the merits that certain allegations are false), because it's an ex parte TRO entered just six days after the suit was filed and before defendant was even served, and because it extends beyond even alleged defamation to "harassing conduct." (For more, see my Anti-Libel Injunctions and Overbroad Injunctions Against Speech (Especially in Libel and Harassment Cases.) But whatever I think, the judge thought different, and the decision struck me as worth noting. Here's the judge's summary of plaintiff's allegations:

Plaintiff in this case is the owner of a business, Elegance & Geekery LLC, which sells hair accessories. Defendant Breana Askew is a resident of Florida who does business as Breromi. Defendant Kiandra Demone Boyce is........

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