Smith v. Trump (1:25-cv-00158) (D. Maine 2025) - Order on Motion for Preliminary Injunction (Dkt. 30)

Date issued: Jul. 18 2025

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TURBOFAC Commentary (288 words)

Notes:

1) Highly unusual federal court opinion in which the court, interpreting a standard blocking provision as applied to the ICC’s blocked head prosecutor Karim Khan, rules that the standard blocking prohibition covering the provision of “services . . . for the benefit of” Khan or any other blocked person likely violates the First Amendment. The reasoning of the court, however, is generally limited to the particular ICC-related executive order at issue. More specifically, the court holds that “the Executive Order appears to restrict substantially more speech than necessary to further” the end of “protecting the personnel of the United States and its allies from investigation, arrest, detention, and prosecution by the ICC without the consent of the United States or its allies.” The court highlights that the “Executive Order broadly prohibits any speech-based services that benefit the Prosecutor, regardless of whether those beneficial services relate to...