prior restraint


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prior restraint

n.
Governmental suppression of speech or expressive activity so as to prevent publication or public presentation.

pri′or restraint′


n.
a court order banning publication of unpublished material.
[1970–75]
References in periodicals archive ?
Judicial intervention is necessary to prevent a blatant exercise of prior restraint,' the petition stated.
That proscription stems from a Minnesota lawsuit that established the principle of no prior restraint of communications under the Freedom of Speech and Press provision of the First Amendment to the U.
As such,the State shall respect the right of the media to report and reveal information without fear from subsequent punishment or prior restraint.
They would be unaware, then, as Justice Anthony Kennedy wrote in his opinion that "The FEC has adopted 568 pages of regulations, 1,278 pages of explanations and justifications for those regulations, and 1,771 advisory opinions since 1975,'' and that "These onerous restrictions thus function as the equivalent of prior restraint by giving the FEC power analogous to licensing laws implemented in 16th- and 17th-century England, laws and governmental practices of the sort that the First Amendment was drawn to prohibit.
But in general, there are four basic stages at which freedom of the press can be limited: Access to information; prior restraint on publishing inflammatory information; libel and invasion of privacy; and requiring reporters to testify or otherwise disclose sources/materials gathered.
Regulation on a case-by-case basis of materially misleading or false claims should be where the focus is, rather than an attempt to define what "speech" is permitted by in effect imposing prior restraint.
But it ended gloriously, with a 6-3 Supreme Court decision that set a landmark of extra-strong protection against any prior restraint of publication.
According to Cnet, the Ninth Circuit Court of Appeals court voted for the film to be taken down, saying that it didn't constitute prior restraint on speech as argued by Google initially.
But the court dismissed Kinney's request for the remarks to be removed, ruling that removing the content from was a prior restraint on speech.
government could succeed in prior restraint on an issue of this kind.
If one constant exists in Supreme Court [F]irst [A]mendment theory, it is that '[a]ny prior restraint on expression comes to .
He focuses on practical issues, refers to select cases, and covers courts and the legal system, ethics, prior restraint, libel, invasion of privacy, fair trial vs.