While it remains an open question in Pennsylvania whether a defamation plaintiff can get a permanent injunction against defamatory speech in addition to damages, other states have answered that question in the affirmative, adopting the so-called “modern rule.”
The modern rule, which allows permanent injunctive relief in defamation cases, hinges upon a jury’s determination that the offending speech is defamatory. Courts adopting this rule have stressed the need to narrowly tailor the injunctive relief, so only the speech that has been adjudicated defamatory be permanently enjoined.
