Brummer v. Wey, No. 153583/15 (N.Y. App.) November 15, 2018.
Plaintiff participated in an adjudication before the Financial Industry Regulatory Association (FINRA) in which defendants were forever prohibited from practice as broker-dealers. Defendants posted online derogatory statements and images, including allusions to lynching, about plaintiff, an African American.
Plaintiff obtained a temporary restraining order and preliminary injunction of the postings, including orders to remove postings, which the present order dissolves.
As distasteful as the material may be, and without regard to whether the plaintiff will prevail on a libel claims, the court could not perceive an actual threat to plaintiff, nor could it find grounds to support the prior restraint of speech that the injunction presented.