In re: Murphy-Brown, LLC, No. 18-1762 (4th Cir. 2018)Annotate this Case
Petitioner sought relief from the district court's gag order imposing stringent restrictions on participants and potential participants in a series of nuisance suits brought against the hog industry in North Carolina. Determining that a mandamus petition was the appropriate mechanism for challenging the gag order and that the mandamus petition was not moot, the Fourth Circuit held that petitioner met its burden of showing a clear and indisputable right to the requested relief. Applying strict scrutiny, the court held that the gag order breached basic First Amendment principles in both meaningful and material ways. In this case, the gag order harmed petitioner, farmers, and plaintiffs. Accordingly, the court vacated the gag order and allowed the parties to begin anew under the guidelines the court set forth.