Varian V. Delfino - Free Speech Issues

Free Speech Issues

The plaintiffs always sought to silence Delfino and Day, and yet, both defendants posted every day of the litigation even when illegally constrained by the courts. On September 11, 2000, a preliminary injunction imposed upon them in June 1999 by United States District Court Judge Ronald M. Whyte was dissolved by the U.S. Court of Appeals for the Ninth Circuit Court; Whyte was admonished unanimously by the three-member Circuit Court panel (Felch v. Day (2000) U.S. App. LEXIS 23925). Thereafter, the two free speech activists participated in the U.S. Supreme Court as amici curiae in Tory v. Cochran (2005) 544 U.S. 734, a First Amendment case that makes prior restraint illegal.


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