Radio Free Brattleboro

A. Joseph Ross
Thu Mar 18 02:01:53 EST 2004

On 16 Mar 2004 at 19:18, Brian Vita wrote:

> "A U.S. District Court judge has denied a federal request for a
>    preliminary injunction to force Radio Free Brattleboro off the air."
> OK.  So these granola heads don't like the law so they think that they are
> above it.  The judge apparently agrees.  Why do we even have laws if
> judges can legislate on the fly?

A preliminary injunction is granted after a brief perfunctory hearing and is designed to prevent 
irreprarable harm pending a full-blown hearing, after which a permanent injunction can be 
issued.  A preliminary injunction is not issued without a showing on the part of the plaintiff 
that someone will suffer irreparable harm if the injunction is not granted.  In this instance, it 
is obvious that Radio Free Brattleboro would suffer much more harm by being forced off the 
air than the government would be by RFB staying on the air a little longer.

A. Joseph Ross, J.D.                           617.367.0468
 15 Court Square, Suite 210       
Boston, MA 02108-2503           

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