Rona v. Trump, 1:25-cv-03114, (S.D.N.Y.) - Order on Motion for Preliminary Injunction (Dkt. 70)

Date issued: Aug. 01 2025

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TURBOFAC Commentary (661 words)

Notes:

1) Compare Smith v. Trump (1:25-cv-00158) (D. Maine 2025) - OFAC/USG Memo. in Opp. to Pl. Motion for P.I.. As with the order in the Smith case, this SDNY order permanently enjoins the government from enforcing the blocking prohibition of ICC-related EO 14203 against two U.S. law professors. Similar to the Smith order, the basis for the ruling is the First Amendment, albeit with notably different reasoning.

2) In the Smith case, the judge did not reach the question of whether the prohibition was “content-based,” because it determined that, even if it was content neutral, it was not “narrowly tailored to serve a significant governmental interest” (a requirement to survive “intermediate scrutiny” of content neutral regulations). In that case, the prohibition failed intermediate scrutiny because it “appear[ed] to burden substantially more speech than necessary." More...