Bloomberg has filed their opposition to Justin Sun’s renewed motion for emergency relief, arguing they never promised not to publish the information he and his team provided to them. They also argue that his demands they remove the article about him and prevent them from publishing a second one would violate the First Amendment.

Sun cannot satisfy the requirements for emergency relief: (1) He has no likelihood of success on the merits because Bloomberg never made any promise to him inconsistent with what it published (promissory estoppel) and he has no claim for publication of truthful newsworthy information (public disclosure of private facts). (2) The pre-lawsuit publication of the information moots his irreparable harm allegations, which are in any event misleading and disproved by his own actions. (3) Any prohibition on publication, including a takedown of a report that already has been published, would irreparably harm Bloomberg’s First Amendment right to publish. (4) A prior restraint would thus disserve the public interest.

(Answering brief)

After publication, Sun asked Bloomberg to reduce his supposed ownership of TRX from 60 billion (~63% of circulating supply) to only 8 billion. Bloomberg refused. “[W]e believe Mr. Sun may not want the public to know that he controls a majority of the TRX in circulation”

(Maloney declaration)

Also: I seem to have become an exhibit

(Answering brief, exhibit 5 to Hentoff declaration)

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