New Era Publications v. Carol Publishing Group
United States Court of Appeals for the Second Circuit
904 F.2d 152 (1990)
- Written by Eric Miller, JD
Facts
Jonathan Caven-Atack, an ex-Scientologist, wrote an unflattering book about Scientology founder L. Ron Hubbard. The book, which was slated for publication by Carol Publishing Group (Carol) (defendant), included quotations from multiple works written by Hubbard, explicating his views on religion and other pertinent topics. New Era Publications International (New Era) (plaintiff), the exclusive licensee of Hubbard’s works, sued in federal district court seeking to enjoin publication. New Era’s argument included its apparent intention to publish its own authorized Hubbard biography. The court found in favor of New Era, granting a permanent injunction against Carol. Carol appealed. The United States Court of Appeals for the Second Circuit granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Feinberg, J.)
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