Legal Opinion

Hill v. Petrotech Resources Corp.

Kentucky Supreme Court

Decided October 21, 2010No. 2010-SC-000182-IPublishedCited by 21 opinions

1Opinion of the Court

Opinion of the Court by

Justice VENTERS.

The question presented in this case is one of first impression in Kentucky: whether a court may enjoin the expression of certain thoughts and opinions before a final adjudication determining that the expression is unprotected by the federal or Kentucky Constitution. We conclude that the circuit court’s broad-sweeping and vaguely worded injunction against future expression, before final adjudication of its defamatory character, constitutes an improper prior restraint on speech in violation of the First Amendment of the United States Constitution and…

2Cases cited38 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  3. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  4. Roth v. United StatesSupreme Court of the United States · 1957
  5. Chaplinsky v. New HampshireSupreme Court of the United States · 1942

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3Cited by21 opinions

  1. Kinney v. BarnesTexas Supreme Court · 2014
  2. TM v. MZMichigan Court of Appeals · 2018
  3. Wagner Equipment Co. v. WoodDistrict Court, D. New Mexico · 2012
  4. Walsh v. EngeDistrict Court, D. Oregon · 2015
  5. Wedding v. HarmonCourt of Appeals of Kentucky · 2016

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