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1 Enjoining False Robocalls about Voting by Mail 1 (2021)

handle is hein.congcourts/fjcenfr0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Enjoining False Robocalls About Voting by Mail National Coalition on Black Civic Participation v. Wohl (Victor Marrero, S.D.N.Y. 1:20-cv-8668) A district judge required private parties who had made robocalls threatening voters with false statements about voting by mail to make curative robocalls. Subject: Campaign activities. Topics: Campaign materials; early voting; absentee ballots; corporate electioneering; matters for state courts; pro se party; interlocutory appeal; COVID-19. An October 16, 2020, federal complaint filed in the Southern District of New York accused defendants of intimidating voters during a global COVID-19 infectious pandemic with robocalls warning voters not to vote by mail: Vot- ers deceived by these messages face a harmful choice: expose yourself and your family to increased risk of contracting COVID-19 by voting in person, or do not vote.' The plaintiffs were an organization and eight voters in New York, Pennsylvania, and Ohio.2 The defendants were two persons, two of their businesses, and ten Does.3 The plaintiffs filed a proposed temporary restraining order on October 22.' Judge Victor Marrero ordered a written response to the request for a temporary restraining order by October 23 and set the case for a telephonic hearing on Monday, October 26, posting contact information on the public record.' The individual defendants, who were also facing criminal prosecu- tion, appeared at the hearing pro se.6 An attorney filed a brief on their behalf on the following day.7 1. Complaint at 1, Nat'l Coal. on Black Civic Participation v. Wohl, No. 1:20-cv-8668 (S.D.N.Y. Oct. 19, 2020), D.E. 11 (correcting a Friday, October 16, 2020, filing error); Nat'l Coal. on Black Civic Participation v. Wohl, __ F. Supp. 3d __, __, 2020 WL 6305325 (S.D.N.Y. 2020) (p.1 of opinion filed at S.D.N.Y. No. 1:20-cv-8668, D.E. 38). 2. Complaint, supra note 1, at 3-4. 3. Id. at 4-5. 4. Proposed Order, Nat'l Coal. on Black Civic Participation, No. 1:20-cv-8668 (S.D.N.Y. Oct. 22, 2020), D.E. 12. 5. Order, id. (Oct. 22, 2020), D.E. 27; see Docket Sheet, id. (Oct. 16, 2020) (Oct. 26, 2020, minutes); Nat'l Coal. on Black Civic Participation, __ F. Supp. 3d at __, 2020 WL 6305325 (S.D.N.Y. 2020) (p.6 of opinion filed at S.D.N.Y. No. 1:20-cv-8668, D.E. 38). 6. Nat'l Coal. on Black Civic Participation, __ F. Supp. 3d __, __, 2020 WL 6305325 (S.D.N.Y. 2020) (pp.6-7, 12-13 of opinion filed at S.D.N.Y. No. 1:20-cv-8668, D.E. 38); see also Oralandar Brand-Williams, 2 Conservative Activists to Be Tried in Robocall Plot, Detroit News, Oct. 30, 2020, at A5; Beth LeBlanc, Two Appear in Voter Intimidation Case, Detroit News, Oct. 9, 2020, at A4; Darrel Rowland, Ohio Considering Charges in Voter Intimidation, Cincinnati Enquirer, Oct. 18, 2020, at A15. 7. Defendants' Brief, Nat'l Coal. on Black Civic Participation, No. 1:20-cv-8668 (S.D.N.Y. Oct. 27, 2020), D.E. 36; Nat'l Coal. on Black Civic Participation, __ F. Supp. 3d at __, 2020 WL 6305325 (S.D.N.Y. 2020) (p.14 of opinion filed at S.D.N.Y. No. 1:20-cv-8668, D.E. 38). Federal Judicial Center 1/18/2021 I

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