Judge's Decision
Plaintiff Fox News Network, LLC ("Fox") has moved for a preliminary injunction enjoining defendants from, among other things, using the phrase "Fair and Balanced" in the title of the book, Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right, written by defendant Al Franken. The motion is scheduled to be heard by the Court on August 22, 2003 at 3:30 p.m.
By letter dated August 19, 2003, Fox requests a temporary restraining order immediately restraining defendants from further distributing the book pending argument on August 22. By letter dated August 20, 2003, defendants oppose the application for a temporary restraining order.
Fox's application for a temporary restraining order is denied. Fox had not previously requested this relief, and the preliminary injunction motion will be heard in two days in any event. I do not believe defendants or their counsel have in any way misled the Court about the release date of the book.
This order is without prejudice to the parties' arguments on the preliminary injunction motion. I will consider the issues on the merits as I decide the motion for a preliminary injunction following the argument on Friday.
SO ORDERED. 2003 U.S. Dist. LEXIS 18693; 31 Media L. Rep. 2254 (2003)
Read more about this topic: Fox V. Franken
Famous quotes containing the words judge and/or decision:
“The richest princes and the poorest beggars are to have one great and just judge at the last day who will not distinguish between them according to their ranks when in life but according to the neglected opportunities afforded to each. How much greater then, as the opportunities were greater, must be the condemnation of the one than of the other?”
—Samuel Richardson (1689–1761)
“There are many things children accept as “grown-up things” over when they have no control and for which they have no responsibility—for instance, weddings, having babies, buying houses, and driving cars. Parents who are separating really need to help their children put divorce on that grown-up list, so that children do not see themselves as the cause of their parents’ decision to live apart.”
—Fred Rogers (20th century)