The Supreme Court Has Roundly(?) Rejected Prior Restraint

Geoff Berg Is Litigious

Every four years, Donald Trump whines about what people are “allowed” to say. But even Walter Sobchak knows prior restraint is unconstitutional. General rules, though, are made to be broken. A court could, for example, order a competitor to stop publishing ads saying the queso at Mar-A-Lago is made with greasy used bronzer and Aqua Net particulates (unless it’s true, and the makers of this podcast have no reason to believe it is, though it certainly sounds right). Business disparagement is a real and sometimes very damaging thing. Commercial speech is speech, but it isn’t exactly free. We handle many of these cases at bergpc.com.