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BALBOA ISLAND VILLAGE INN, INC. v. LEMEN

No. G031636.

17 Cal.Rptr.3d 352 (2004)

BALBOA ISLAND VILLAGE INN, INC., Plaintiff and Respondent, v. Anne LEMEN, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

Review Granted December 15, 2004.

Attorney(s) appearing for the Case

D. Michael Bush, for Defendant and Appellant.

Dubia, Erickson, Tenerelli & Russo and J. Scott Russo, Irvine, for Plaintiff and Respondent.

OPINION

FYBEL, J.

INTRODUCTION

We hold an injunction absolutely enjoining defendant Anne Lemen from making certain statements adjudicated to be defamatory under common law causes of action for libel and slander constitutes a content-based prior restraint on speech in violation of the First Amendment to the United States Constitution and article I, section 2, subdivision (a) of the California Constitution. A content-based injunction restraining...

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