Supreme Court of Pennsylvania, 2022

Oberholzer, F. v. Galapo, S., Pets.

Oberholzer, F. v. Galapo, S., Pets.
Supreme Court of Pennsylvania · Decided October 24, 2022 · Per Curiam

Oberholzer, F. v. Galapo, S., Pets.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

FREDERICK E. OBERHOLZER, JR. AND : No. 154 MAL 2022 DENISE L. OBERHOLZER, : : Respondents : Petition for Allowance of Appeal : from the Order of the Superior Court : v. : : : SIMON AND TOBY GALAPO, : : Petitioners :

ORDER

PER CURIAM AND NOW, this 24th day of October, 2022, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioners, are:

(1) Whether an injunction prohibiting ongoing publication constitutes an impermissible prior restraint under Article I, Section 7 of the Pennsylvania Constitution?

(2) Whether the publication of language which gives rise to tort claims other than defamation cannot be enjoined under Article I, Section 7 of the Pennsylvania Constitution?

(3) Whether the Superior Court committed an error of law by concluding that the injunction was content-neutral and therefore not subject to strict scrutiny?

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