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55 Wm. & Mary L. Rev. 1 (2013-2014)
Freedom of Speech, Defamation, and Injunctions

handle is hein.journals/wmlr55 and id is 11 raw text is: William & Mary Law Review VOLUME 55 No. 1, 2013 FREEDOM OF SPEECH, DEFAMATION, AND INJUNCTIONS DAVID S. ARDIA* ABSTRACT It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to injunctive relief, their remedies are solely monetary. Indeed, it has been repeated as a truism: equity will not enjoin a libel. This precept rests on one of the strongest presump- tions in First Amendment jurisprudence: that injunctions against libel and other kinds of speech are unconstitutional prior restraints. But it may not be true, at least not anymore. Over the past decade, the Internet has brought increased attention to the adequacy of the remedies available in defamation cases. Prior to the widespread availability of digital publishing, most defamation lawsuits in the United States involved claims against the mass * Assistant Professor, University of North Carolina School of Law; Faculty Co-Director, UNC Center for Media Law and Policy; and Faculty Associate, Berkman Center for Internet & Society at Harvard University. Special thanks to Al Brophy, Bruce Brown, Bernie Burk, Andrew Chin, Deborah Gerhardt, Michael Gerhardt, Joan Krause, Bill Marshall, Mary-Rose Papandrea, Doug Rendleman, Rebecca Tushnet, Eugene Volokh, Ruth Walden, Mark Weidemaier and participants at the Freedom of Expression Scholars Conference at Yale Law School, Internet Law Works-in-Progress Symposium at New York Law School, Intellectual Property Scholars Conference at DePaul University College of Law, and faculty workshop at Illinois Institute of Technology Chicago-Kent College of Law. Thank you also to Tabitha Messick Childs and Ed Roche, my research assistants.

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