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Old 2005-05-27, 03:05 AM   #1
xxxjay
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Quote:
Originally Posted by RawAlex
Jay, it depends on the type of injunction they intend to seek.

I am concerned that FSC is using this as a way to driver memberships, but doesn't seem to be much better than the actions of the other side either.

Alex
In theory a injunction only protects individuals covered in the lawsuit.
Historically, the DOJ has not started seperate prosecutions when an
injunction has been entered. That would show disrespect for the court
system and the judge who entered the injunction.
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Old 2005-05-27, 08:40 AM   #2
RawAlex
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Quote:
Originally Posted by xxxjay
In theory a injunction only protects individuals covered in the lawsuit.
Historically, the DOJ has not started seperate prosecutions when an
injunction has been entered. That would show disrespect for the court
system and the judge who entered the injunction.
Jay, I think in reality it depends what type of injunction they are looking for and the motion they make - they could easily ask for the DOJ to be enjoined from taken ANY enforcement action.

If they challenge the validity of the law itself, and the court issues an injunction barring enforcement until such time as a court has reviewed the case, then ALL enforcement should stop. COPA, COPA II - the same thing has happened each time.

With a specific on point ruling (sundance vs reno) saying that this type of action doesn't pass the smell test in a federal court, an injunction should be a fairly easy and clear thing to obtain.

FSC is a great group, but for some reason I catch a wiff of opportunism in the air.

Alex
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Old 2005-05-27, 09:31 AM   #3
PhoneMistress
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I spoke to the Executive Director, Michelle, yesterday and was told that our information is not shared. Not sure how that works in terms of an injunction. And was also advised that the online payment option should be up and running by Tuesday. She said Monday then I reminded her that Monday is Memorial Day.

Anyhow, they have a toll-free number and added more people to handle calls. Call them if you have questions.
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Old 2005-05-27, 11:26 AM   #4
Wenchy
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Gee... I thought the FSC, by virtue of its very name, was designed to protect free speech, not only its card-carrying members. Sounds to me like a ploy to get members and increase revenues, and that doesn't exactly give me the warm fuzzies.
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