A University of California committee was scheduled to report on its investigation of the pepper spray incident at the UC Davis campus tomorrow, March 6. But it turns out that the police officers’ union plans to seek a TRO at 9:30 a.m. to prevent the issuance of the report. Based on that, the University has decided to hold off on the release of the report.
This is remarkable for three reasons. First, how do the police know that the report will be harmful to them? (That, I assume, would be the only basis–or reason–for a TRO.). Second, I haven’t been in practice for a while, but do you have to refrain from otherwise lawful action because someone might get a TRO in the future? My recollection was that, for example, if it looks like some old building you own is likely to get landmarked, you are free to demolish it at once. Third (and once again this is not my area) wouldn’t any such TRO constitute a prior restraint on speech? My bet is that the TRO is denied, and that the report is released tomorrow.
Posted by Jack Chin on March 5, 2012 at 10:18 PM
Comments
Or maybe it’s just those in authority being overly solicitous of police officers who have screwed up big time?
Posted by: Andrew MacKie-Mason | Mar 6, 2012 9:19:40 AM
“do you have to refrain from otherwise lawful action because someone might get a TRO in the future?” No, I think you refrain because of the potential repercussions of whatever forms the basis for the motion for TRO. So if you get a cease & desist letter asserting that what you’re about to do constitutes e.g. defamation, or trademark infringement, and the sender threatens suit, you might decide not to do it pending the outcome out of the fear that the claim of defamation, infringement etc. ultimately succeeds.
I would think that the union risks an anti-SLAPP challenge in California, though.
Posted by: junior mint | Mar 5, 2012 11:21:22 PM
You’re right that a TRO against a private speaker would be a prior restraint; perhaps it is different when the report would be coming from a state agency? Otherwise, I suspect you’re right that this is posturing and will end fairly quickly.
Posted by: Howard Wasserman | Mar 5, 2012 11:12:12 PM