Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 32 of 36
numerous threats of violence that have been specifically directed toward Pastor Spencer and the Church. See Dkt. 13-1, ¶¶ 34–38. And a preliminary injunction fosters the First Amendment rights discussed above. A preliminary injunction is in the public interest.
II. SECURITY
Federal Rule of Civil Procedure 65(c) requires the Court to consider whether it should require plaintiffs to post security and, if so, in what amount. See Dr.’s Assocs., Inc. v. Distajo, 107 F.3d 126, 136 (2d Cir. 1997) (“Rule 65(c) gives the district court wide discretion to set the amount of a bond, and even to dispense with the bond requirement [in certain situations].”).
On these facts, the Court will not require Plaintiffs to post security because a bond requirement does not fit the fact-pattern and interests involved in this case. See Dr.’s Assocs., 107 F.3d at 135–36 (affirming district court’s decision not to require security where the district court “found that [defendants] would not suffer damage or loss from being forced to arbitrate in lieu of prosecuting their state-court cases”); see also Clarkson Co. v. Shaheen, 544 F.2d 624, 632 (2d Cir. 1976) (Because no request for a bond was ever made in the district court, and because, under Fed. R. Civ. P. 65, “the amount of any bond to be given upon the issuance of a preliminary injunction rests within the sound discretion of the trial court.”)
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