The Executive's bid to vanquish so-called "universal injunctions" is, at bottom, a request for this Court's permission to engage in unlawful behavior. When the Government says "do not allow the lower courts to enjoin executive action universally as a remedy for unconstitutional conduct," what it is truly seeking is an unfettered ability to act without judicial restraint.
"The problems with this approach: it undermines the adversarial process, creates a fairness problem, and deprives the parties of a meaningful opportunity to address-and potentially correct-issues pivotal to the court's ultimate determination."
The distributors' claim for IP addresses to support copyright infringement allegations has met repeated judicial resistance, emphasizing First Amendment protections for anonymous speech and discussions about illegal activities.