Yesterday in Wikileaks: One Injunction Or Two? I explained why I was somewhat dubious about the theory that the second order in the Wikileaks case amended the first. Now it seems that the place where I found that theory, the Citizens Media Law Project, may be coming around to my point of view. In Making Sense of the Wikileaks Fiasco: Prior Restraints in the Internet Age, David Ardia writes,
This second order is actually captioned as an “Amended Temporary Restraining Order” which led me to believe yesterday that the court had amended its first order that required the take down of the Wikileaks site. I’ve now come to realize that the judge intended no such amendment. I guess he felt it wasn’t enough to shutdown the Wikileaks website, he’d add a second dose of judicial oversight to make sure things really went in the banks favor.
So, maybe we have a consensus?