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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118776
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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The TRO terms that were issued to our company included being

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The TRO terms that were issued to our company included being enjoined from "Operation of any kind" including the display of images or words on our website. Additionally we had to post a specific phrase on our website.

This seems to me to be an obvious violation of our First Amendment right to free speech.
Question1: Is it a violation of the Free Speech right?
Question2: If it is a violation, how can I find case law to cite? I often use Google scholar but it eleudes me as to how to perform a successful search.
Thanks
It depends on why they are enjoining your speech. If there is an alleged violation, the court can enjoin your speech and issue orders as to what you have to post for now and that is permissible based on a compelling governmental interest. In a TRO, that is the whole purpose of the TRO, to stop someone from doing something, so they are stopping you from engaging in the alleged infringing behavior, which means this is a legal infringement on your speech.


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Customer: replied 5 years ago.
Can they restrict all speech on the website or just the speech that is the subject of the trade secrets case? For instance, if I want to sell items not related to the trade secret?
The subject of the trade secret is all they can restrain. If they are seeking to restrain anything else, then that would be overly repressive and you would argue an unfair and unnecessary restraint of trade.
Customer: replied 5 years ago.

Just to be clear. Our website originally only had one product (that is the subject of the trade secret suit) and we were instructed to remove the allegedly offending information and post a specific phrase.


 


Can we ask the court to allow us to use the re-post website on the internet as long as we do not refer to that product anymore? and remove the specific phrase as it would no longer make sense.


Thanks

Then this is why they can shut it all down, you asked if you could carry on business not involved in the trade secret and you can. However, if the site is all about the subject of the trade secret they can shut the whole site down. If you want to use the site for something that has nothing to do with the subject of the trade infringement, then you would have to ask to the court to do so and they can allow that.
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