Council for Education and Research on Toxics v. California Chamber of Commerce
FirstAmendment
Does a preliminary injunction enjoining public interest lawsuits constitute an unlawful prior restraint on First Amendment petition rights?
QUESTIONS PRESENTED 1. Does a preliminary injunction issued by a district judge enjoining a state attorney general and nongovernmental organizations from filing public interest lawsuits in state court—prior to any determination of their merits—constitute an unlawful prior restraint on the exercise of the organizations’ First Amendment petition rights? 2. Does the “illegal objective” exception to the prior restraint doctrine apply outside the context of the National Labor Relations Board’s authority to block retaliatory employer lawsuits to allow a district judge to enjoin the filing of public health lawsuits in state court, because the judge predicts such lawsuits may violate federal law? 3. Can a district judge issue a preliminary injunction enjoining a public benefit organization from filing public interest lawsuits in state court because such lawsuits may violate defendants’ First Amendment right against false compelled speech where the public benefit organization has already prevailed on such First Amendment defense after a trial on the merits in state court?