Case 2:21-cv-00031-BJR Document 34 Filed 01/21/21 Page 12 of 14 1 2 preliminary injunction is appropriate when a plaintiff demonstrates that serious questions going to the merits were raised and the balance of hardships tips sharply in the plaintiff’s favor.”). This 3 analysis does not, however, aid Parler’s cause. First, as discussed above, the likelihood of Parler 4 prevailing on its claims is not a close call. Parler’s allegations at this time are both inaccurate and 5 unsupported, and are disputed by evidence submitted by AWS. Thus, its motion does not, on this 6 record, raise “serious questions” going to the merits of its claims. 7 Second, while the “balance of hardships” may fall heaviest on Parler in the form of 8 9 potential monetary loss, AWS has convincingly argued that forcing it to host Parler’s users’ 10 violent content would interfere with AWS’s ability to prevent its services from being used to 11 promote—and, as the events of January 6, 2021 have demonstrated, even cause—violence. Opp. 12 Br. at 11; Exec. 2 Decl., Ex. F. It cannot be said, therefore, that the balance of hardships “tips 13 sharply” in Parler’s favor. 14 E. The Balance of Equities and the Public Interest 15 “In exercising their sound discretion, courts of equity should pay particular regard for the 16 17 public consequences in employing the extraordinary remedy of injunction.” Winter, 555 U.S. at 18 24. Parler argues that the public interest favors the consistent enforcement of contractual 19 obligations, and lies “in fair and robust market competition.” Mot. at 7-8. But Parler has not at 20 this stage demonstrated a likelihood that it will prevail on its breach of contract, Sherman Act, or 21 22 tortious interference claims. It therefore necessarily follows that the claims do not support a finding that the public interest weighs in favor of granting the injunction. 23 24 25 On the other hand, AWS argues that an injunction forcing it to continue hosting the Parler platform would pose a risk to public safety. Opp. Br. at 11; Exec. 2 Decl. Ex. F. Parler attempts to discount this interest by claiming that at the time AWS cut off its services, Parler was “already 12