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Barry M. Klayman and Mark E. Felger Barry M. Klayman and Mark E. Felger

In CapStack Nashville 3 v. MACC Venture Partners, C.A. No. 2018-0552-SG, (Del. Ch. Aug. 16, 2018), Vice Chancellor Sam Glasscock III considered whether equity had jurisdiction to entertain a temporary restraining order (TRO) that would have the effect of a prior restraint on speech. In a letter opinion, he concluded that the Delaware Court of Chancery cannot place prior restraints on speech, especially before a determination whether the speech is entitled to constitutional protection following a hearing on the merits.

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