Alliance for Water Efficiency v. Fryer

Federal 7th Circuit Court
Civil Court
Injunction
Citation
Case Number: 
No. 15-1206
Decision Date: 
December 22, 2015
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed

In action seeking to enjoin defendant from publishing certain report regarding urban water agencies, Dist. Ct. erred in entering injunction that purported to reflect terms of settlement of parties, which precluded defendant from mentioning in said report that certain members of advisory committee had sponsored said report, where: (1) said injunction constituted improper prior restraint of speech; and (2) instant injunction contained terms that were not part of parties’ settlement. Fact that there was potential for defendant to violate terms of settlement agreement when he published his report did not require different result since: (1) plaintiff could always seek damages from defendant if violation of settlement agreement occurred; and (2) plaintiff failed to show that subject matter of report concerned matter of national security or other compelling interest that could justify imposition of prior restraint of speech.