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Reason
Reason
Politics
Eugene Volokh

Brief Update on the Entergy / Arkansas Democrat-Gazette Matter

From the docket this morning; for more on the case, see here and here (the latter item notes the sealing, and expresses the now-realized hope that "the motion will be unsealed at some point soon"):

Via email, Plaintiff has informed the Court that it will not be pursuing preliminary injunctive relief…. Plaintiff has also indicated an intent to amend its Complaint…. Finally, it appears that the Clerk sealed the documents filed by Entergy in error …. Docs. 2, 3, and 4 should be unsealed. Plaintiff has confirmed that it never intended for these documents to be sealed in the first place.

The unsealing reveals that the plaintiff's brief in support of the TRO motion didn't even discuss the First Amendment elephant in the room, even though it was pretty obvious that the judge would recognize that a lawsuit seeking to restrain a newspaper's publication would raise such an issue.

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