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Editor’s note: What appears here is not the full story. Minutes before our deadline Friday, D.C. Superior Court Judge Judith Bartnoff signed a temporary restraining order against The National Law Journal enjoining it from publishing certain details that we legally obtained from court documents. Specifically, we are not allowed to name a government agency conducting a regulatory inquiry into one of the subjects of the article, POM Wonderful. We fought this order vigorously in court; we thought and continue to think that it is a violation of the First Amendment, and we are working on an appeal. Bartnoff, as she considered the order, said, “If I am throwing 80 years of First Amendment jurisprudence on its head, so be it.” She said the court’s interest in maintaining the “integrity” of its docket trumped the First Amendment concern. We strongly believe Bartnoff’s action harms the integrity of the court by placing process concerns over fundamental constitutional rights. Sadly, however, because of Bartnoff’s order, we were forced to scrub this article of any reference to the agency. We apologize to our readers for being unable to provide the fullest report possible. — David L. Brown, editor in chief, The National Law Journal

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