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RYAN: Would you expand, for example, prior restraints against publications?
The "serious prejudice" test in the 1981 act could be reduced to merely "prejudice", thus allowing the attorney general more scope to take action against publications.
Political figures make regular use of defamation and privacy laws that allow them to bring suit against publications that portray them unfavorably.
It's well-documented that Microsoft would retaliate against publications that dared to print negative, or even equivocal, reviews of its products.
It brought legal actions against publications it deemed libelous, and in the 1970s it launched an extensive intelligence operation to gather information about attacks on the church around the world.
But that is how the First Amendment works — thanks to our "profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide open," as Justice William Brennan said in the landmark Times v. Sullivan case, which raised the bar for libel suits against publications.
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Finally, the injunction against publication and public access to Avvo's story violates the First Amendment as well as federal and state law.
It argues that the material is exempt under the Freedom of Information Act because the balance of the public interest is against publication.
I have not spoken to a single public health specialist who was against publication.
Last year, his previous wife took out an injunction against publication, on the basis that to have these "toxic" details in the public domain would harm their son.
Registering clinical trials (CTs) in public domains enhances transparency, increases trust in research, improves participation and safeguards against publication bias.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com