O'Brien v. University Community Tenants Union, Inc.

Appellant urges that appellee’s prayer for injunctive relief was a request to the trial court to impose a prior restraint on appellant’s First Amendment protected speech.

*245Appellee, on the other hand, urges that there is no prior restraint involved and that he only asked for restraint of repetition of “speech” already determined by a court to be defamatory.

This cause comes before the court on a procedural question. The test for determining whether to dismiss a complaint for failure to state a claim is that:

“In appraising the sufficiency of the complaint we follow, of course, the accepted rule…