Irvin Dana Beal and Robert B. MacDonald v. Henry Stern, in His Official Capacity as Commissioner, New York City Department of Parks and Recreation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the appellants had not shown a \clear\ likelihood of success in part because there was insufficient evidence to determine whether the regulation at issue was narrowly tailored
• finding that, for the purposes of determining whether a preliminary injunction would issue, the challenged regulations were content-neutral and therefore needed to comply only with the first two Freedman factors
• noting, without deciding, that prompt access to judicial review in state courts would satisfy the Freedman test
• “The conclusion that a regulation constitutes a prior restraint, however, is not dispositive of its constitutional validity.”
• preliminary injunctive relief sought is \mandatory\ where relief sought \at its broadest\ will eliminate policy being challenged
• “[T]he irreparable injury issue and the likelihood of success issue overlap almost entirely” in the First Amendment context

Source: CourtListener parenthetical corpus (CC0).