No. 15-3047
19
there an offsetting harm of a kind cognizable by the courts
from enjoining the sheriff from violating the First Amendment.
Turning finally to the issue of remedy: Had Sheriff Dart
sued Backpage seeking to enjoin its publication of sexrelated ads, the company’s remedy would have been to seek
a judgment dismissing the suit. But Backpage is the plaintiff,
and its only remedy is an injunction against the sheriff’s violating its First Amendment rights. As in Elrod v. Burns, 427
U.S. 347, 373–74 (1976), “it is clear … that First Amendment
interests were either threatened or in fact being impaired at
the time relief was sought. The loss of First Amendment
freedoms, for even minimal periods of time, unquestionably
constitutes irreparable injury. Since such injury was both
threatened and occurring at the time of respondents’ motion
and since respondents sufficiently demonstrated a probability of success on the merits, the Court of Appeals might
properly have held that the District Court abused its discretion in denying preliminary injunctive relief.” And so it is
here; given the strength of Backpage’s case, the district judge
erred in denying its motion for a preliminary injunction, and
we therefore reverse the judge’s ruling with directions that
he issue the following injunction (which supersedes the
temporary injunction, pending decision of the appeal, issued
by this court on November 16):
Sheriff Dart, his office, and all employees, agents, or
others who are acting or have acted for or on behalf of him,
shall take no actions, formal or informal, to coerce or
threaten credit card companies, processors, financial institutions, or other third parties with sanctions intended to
ban credit card or other financial services from being provided to Backpage.com.
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