The lawyers for the plaintiff class threatened Moughni with both a defamation suit and disciplinary charges (Moughni is a lawyer, although not by any means a specialist in class actions). Moughni would not back down, so the plaintiff’s lawyers asked the judge to shut down the page — or, more precisely, they asked that Moughni be required to take everything he had said about the case down, and to post on his Facebook page instead what they said (and what the Court had said) (That is why I am not linking to my client’s Facebook page – it isn’t really HIS page any more. Let the parties do their own publicity.) And, they asked that Moughni be forbidden to make any statements that class members might see or hear, such as by talking about the litigation to the press which, in turn, might print stories from which class members might learn Moughni’s views.

The lawyers continued their claim that they had been defamed, but really, they said, this isn’t about us, this is about protecting the poor class members against having their confidence in the lawyers undermined, protecting public confidence in the court system, and preventing class members from being confused about whether they should object to having their claims for damages extinguished so that settlement funds could go to the charities (and the lawyers). The judge held a hearing a few days later; plaintiff’s counsel spoke his piece, McDonald’s lawyers chimed in with their agreement, but Moughni’s attempt to speak was rebuffed with a peremptory “Don’t you even” from the judge. And the judge ruled, granting the injunction almost exactly as requested.

Giving Moughni only a few days’ notice, the Court convened an emergency hearing; then, without hearing from Moughni, issued a prior restraint of unparallelled breadth, barring Moughni from making any public statements about an entire subject matter, even statements that were entirely truthful and not at all misleading. It further compelled him to place speech with which he fervently disagreed on his own web page; and it forbade him from dissemination, circulation or publication of any opt-out form or objection during the crucial ten-day period before the deadline for members of the class to decide whether to opt out or object. On a literal reading of the injunction, Moughni was barred even from speaking to his own wife and children about the settlement, and even from submitting an objection to the settlement on his own behalf.

While he was pro se, Moughni acknowledged that he is not an expert in class action procedure; as his counsel, we readily concede that some of his statements could have been worded more felicitously. But Moughni was not counsel for a named party; he spoke only as a member of the affected community, and the Court’s order holding him to standards that would have been inappropriate even for a lawyer in the case violated black-letter law against prior restraints of speech. The injunction should, therefore, be vacated immediately. In addition, during the crucial ten-day period before the opt-out or objection deadline, the order deprived the class of the opportunity to hear dissenting views about whether to go along with a settlement that potentially deprives them of valuable rights. The Court should, therefore, reopen the period for the class to respond to the notice, and should defer any decision about approval of the settlement until that time has expired.

Moughni has his own view, but our motion takes no position on the merits of the settlement: our only point is that Moughni ought to have the right to say what he thinks about the settlement, and that the remedy for speech claimed to be false is not less speech but more speech. In my own mind, I have come to no conclusion about the merits of the proposed settlement.

But that just leaves me wondering, if the settlement is so wonderful, why the lawyers felt they had to resort to suppressing critical speech instead of just putting their own replies into the marketplace of ideas. At the hearing for an injunction, they had reminded the Court of how attentive the national media press had been to their publicity about the settlement (115 national media outlets, and a hundred million viewers, they claimed); surely the media would continue to give them a platform.

• Momentum Machines has a hamburger-making robot that can churn out about 360 burgers in an hour, each custom made to order. This hamburger chef can't be bargained with. It can't be reasoned with. It doesn't feel pity, or remorse, or fear. And it absolutely will not stop, ever... until you are full. [url]
• In 2003, McDonald's tested some automation equipment for grilling its burgers and cooking its french fries. We covered this story about a decade ago, but we don't seem to be living in an all-robot McD's future now. Oh well. [url]
• If you're in San Francisco, you can get an In&Out Super Duper burger delivered to you for just $10, fulfilled by TaskRabbit via a simple web-based order form. It's not available any time, so there's no option to get french fries during the Renaissance. [url]

Almost 300 enforcement officers will be seen across the country checking firms to ensure they are not staging "ambush marketing" or illegally associating themselves with the Games at the expense of official sponsors such as Adidas, McDonald's, Coca-Cola and BP....

Wearing purple caps and tops, the experts in trading and advertising working for the Olympic Delivery Authority (ODA) are heading the biggest brand protection operation staged in the UK. Under legislation specially introduced for the London Games, they have the right to enter shops and offices and bring court action with fines of up to £20,000.

• Just as you probably already knew: Thin Mints are the most popular Girl Scout cookies, raking in about 25% of Girl Scout cookie sales. Samoas (aka Caramel deLites) come in at #2 with 19% of sales. [url]
• What does the average American consume in a year? Hmm: 110 lbs of red meat vs 415 lbs of vegetables? Do those numbers sound right to you? [url]
• In a survey of 500 "dudes" (ages 18-35), 90% of them had visited a McDonald's in the last 3 months. It's gotta be the fries -- a surprisingly high percentage of guys just get a drink or fries. [url]
• To discover more food-related links, check out what's floating around in StumbleUpon. [url]