Google seeks preliminary injunction of Equustek order in United States

This post is in: October 5, 2017

In a motion to be heard in the Northern District Court of California, Google has applied for a preliminary injunction of the Equustek decision from the Supreme Court of Canada, which issued an order requiring Google to remove certain material from its search results worldwide. Google argues that the Canadian Order is unenforceable in the United States because it is inconsistent with the Constitution’s protections for free speech, the immunity Congress effected through the Communications Decency Act, and principles of international comity. The motion is proceeding unopposed, other than through a letter filed by one of the personal applicants in the case, which Google argued was not properly submitted and contained inadmissible material. Even if those submissions were taken into account, however, Google has argued that the California court has personal jurisdiction over Equustek, and that the Canadian order violates the First Amendment of the US Constitution as well as their Communications Decency Act. It argues that the Canadian decision imposed a result in the United States without consideration of US law, and that it was therefore open to them to seek the injunction.

The matter is set to be heard on October 26, 2017.