Although the First Amendment does not protect a person’s right to utter libelous speech or defamatory remarks, free speech concerns derived from the First Amendment ordinarily lead courts to refrain from prohibiting, in advance, the dissemination of libelous speech or defamatory remarks.
Last month, the California Supreme Court decided Balboa Island Village Inn v. Lemen, which may be retrieved at http://www.courtinfo.ca.gov/opinions/documents/S127904A.PDF, a case that presented the question whether the same principles that preclude courts from enjoining libelous speech in the first instance should continue to preclude courts from enjoining the repetition of those remarks even after they have been adjudged libelous following a full trial on the merits.
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