Kinney v. Barnes
Texas Supreme Court
443 S.W.3d 87 (2014)
- Written by Salina Kennedy, JD
Facts
Robert Kinney (plaintiff) left his job as a recruiter for BCG Attorney Search, Inc. (BCG) to start a competing firm. Andrew Barnes (defendant), president of BCG, subsequently posted a statement in several places online stating that BCG had fired Kinney because of his involvement in illegal kickback schemes. Kinney sued for defamation and requested two forms of injunctive relief. First, Kinney requested that the court require Barnes to remove the allegedly defamatory statement from the websites on which he had posted it. Second, Kinney asked the court to enjoin Barnes from publishing the same statement or substantially similar statements in the future. The trial court granted Barnes’s motion for summary judgment, reasoning that the requested injunctions constituted an impermissible prior restraint on speech.
Rule of Law
Issue
Holding and Reasoning (Lehrmann, J.)
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