(9) Such injunctions raise obvious problems under the First Amendment's prior restraint
doctrine, yet these judges seem oblivious to the constitutional ramifications of their orders, viewing injunctive relief as just another remedy available to tort plaintiffs.
The court considered that condition to be a "prior restraint
" on the recipient's right to free speech under the First Amendment.
scrutiny as a content-based prior restraint
and would likely not
(62) A prior restraint
, for example, would occur if a government attempted to limit the publication of materials or information possessed by the media.
In fighting the letter, the company argued that the forced secrecy "turns the First Amendment's procedural prior restraint
doctrine on its head by allowing the FBI to issue a never-ending prior restraint
on its own, then requiring the recipient service provider to undertake a legal challenge."
It was then my pleasure to observe students grasp a more sophisticated understanding of the breadth and limitations of freedom of expression as we discussed case law that introduced them to a host of expression doctrines, including prior restraint
versus subsequent punishment regulations; time, place and manner of expression regulations versus content regulations; unprotected forms of expression versus quasi- protected and preferred forms of expression; pure speech versus symbolic expression; and the freedom to speak versus the freedom not to speak.
And that is the stance of a society on the prior restraint
These are the doctrines of First Amendment overbreadth, prior restraint
, and as-applied (as opposed to facial) challenges.
Ghannouchi said that his party's rejection of the republican pact has to do with the content and not the principle, considering that "it is a prior restraint
of a legal institution by an illegal institution." The news conference, which was attended by representatives of several parties from different political trends, marked the start of celebrations marking the 30 anniversary of the movement.
ARKES'S TREATMENT OF THE PRIOR RESTRAINT
cases, which may well be the best thing in print on that otherwise well worn subject, is similarly refreshing.
Second, the college should be mindful of prior restraint
"Internet filtering is a prior restraint
on free speech and that restraint on the flow of ideas inhibit everything from democracy to economic development," said Ed Black, president and chief executive of the Computer and Communications Industry Association.