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Judge says injunction applies to Trump's niece but not publisher with regard to tell-all book

A judge ruled Wednesday that Simon & Schuster (S&S), the publisher of a memoir by President TrumpDonald John TrumpIvanka Trump, Jared Kusher's lawyer threatens to sue Lincoln Project over Times Square billboards Facebook, Twitter CEOs to testify before Senate Judiciary Committee on Nov. 17 Sanders hits back at Trump's attack on 'socialized medicine' MORE’s niece, is not bound by a confidentiality agreement she signed, which the president’s brother has cited to block the book's release.

Judge Alan Scheinkman of the New York Supreme Court’s appellate division upheld a restraining order against Mary Trump, which she signed as part of the settlement of the president’s father’s estate.

Scheinkman agreed that “While Ms. Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights.”

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However, the book publisher has not entered into any such agreement and is thus protected by the First Amendment, he wrote.

"S&S is not a party to the settlement agreement. The only basis offered by the plaintiff to extend the  temporary restraining order to S&S are the allegations that S&S 'intends to act' on Ms. Trump’s behalf in causing the publication of the book and that S&S is acting at Ms. Trump’s direction and in concert with her," he wrote.

"However, these allegations are conclusory and not supported by any specific factual averments. Unlike Ms. Trump, S&S has not agreed to surrender or relinquish any of its First Amendment rights," he added.

"It is very good news that the prior restraint against Simon & Schuster has been vacated, and we look forward to filing our brief tomorrow in the trial court explaining why the same result is required as to Ms. Trump, based on the First Amendment and basic contract law," Mary Trump’s lawyer Ted Boutrous said in a statement Wednesday.

The book, “Too Much and Never Enough: How My Family Created the World's Most Dangerous Man,” is set to publish July 28.