Editing Prior restraint (section)

=== ''Kinney v. Barnes'' ===
In the 2012 case of ''Kinney v. Barnes'', Kinney, a legal recruiter, was the subject of inflammatory comments on the website of the company who previously employed him. The company claimed he received extra incentives on the job causing his termination. Kinney filed a defamation suit seeking retraction of the comments and a [[permanent injunction]] against any similar future comments being made. The Supreme Court of Texas ruling specifically addressed whether future comments could be barred and whether this would constitute prior restraint.{{efn|name=fn1|For the purpose of the case being examined, the court assumed that the already posted comments were defamatory and could be removed (though whether they were defamatory had not yet been proven).}} Although the court ruled that the statements posted which were judged to be defamatory could be removed, they did not prohibit similar speech from being posted online at a later time. They reasoned that this would constitute prior restraint and risk producing a chilling effect. The court reasoned, in keeping with a prior decision (''Hajek v. Bill Mowbray Motors, Inc.'', 647 [[South Western Reporter|S.W.2d]] 253, 255 (Tex. 1983)), that the appropriate remedy to defamatory speech was penalization of "what is wrongfully spoken" rather "denial of the right to speak".<ref name="kinney">{{cite web|url=http://law.justia.com/cases/texas/supreme-court/2014/13-0043.html|title=Kinney v. Barnes :: 2014 :: Supreme Court of Texas Decisions :: Texas Case Law :: Texas Law :: U.S. Law :: Justia|website=Justia US Law|access-date=11 July 2016}}</ref>