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Irreparable Harm Perhaps assuming that the emergency showing made in support of the TRO sufficed to establish irreparable harm, Backpage has done little to support this required element. The Court ruled that Backpage was entitled to a TRO because it had a better than negligible chance of prevailing on its claim based on the record at the time. New number - 26 York. Prior to implementation of the TRO, Dart continued efforts to "defund" the adult section by, among other things, contacting the Governor of Texas, the FBI, and the Chief Postal Inspector to request scrutiny of the mail-order purchase of credits through Backpage's Texas-based post office box.

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The memorandum goes on to provide "context" for approaching the credit card companies. The record to date, which includes no contradictory evidence from Backpage, amply establishes that the credit card companies caused the termination of their agreements with the website voluntarily and not because they were coerced by threats from Dart. Internal communications likewise reflect that the terminations are attributable to the illegal or "brand damaging" activity present in the adult section of Backpage. Finally, the memorandum collects examples of "similar situations" in which financial institutions, in some cases in response to government pressure, have dissociated themselves from "high-risk" industries. That a jury could find Dart's letters to contain a threat of official action does not mean that a jury would make such a finding. Dart's office professes surprise at the speedy response from MasterCard and Visa, backpage ecorts casual relationship, maintaining that the expectation had always been, in the words of Cara Smith, that the letters would initiate "marathon" discussions with the companies, rather than precipitate any rscorts girls that want to fuck Queensland action. Under the direct holding of Bantam Books, an informal prior restraint is established where threatening government action causes a restraint on speech. Balance of Harms and Public Interest Even if it could be said on this record that there were some small chance that a jury could find that the card companies acted as a result of a threat implicit in Dart's letter, and even if the credit card companies were likely to reprise their relationship with Backpage if injunctive relief were granted, Backpage's request for a preliminary injunction would still fall short. But a threat alone is not a prior restraint. Nevertheless, Backpage ecorts casual relationship acted more quickly after receiving Dart's letter. Borough of New Hope, F.




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This is not a minor concern, but it is much more relevant to the issues of damages than to Backpage's request for an injunction. But Backpage has failed to supplement the evidentiary record with any further evidence of the financial impact of the deauthorization by the credit card companies, or the lack of success of alternative methods of arranging payments by its customers such as through Bitcoin or other private payment services, or by arrangements to facilitate payments by "Backpage credits" purchased with checks, money orders, or cash. Effects on Backpage The evidentiary record with respect to the effects of the companies' withdrawal from Backpage has not been meaningfully augmented since the TRO proceedings.

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