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Prior Restraints

This section covers official government restrictions of speech prior to publication. Prior restraints are viewed by the U.S. Supreme Court as β€œthe most serious and the least tolerable infringement on First Amendment rights," which repeatedly has found that such restraints are presumed unconstitutional. Restraints on Internet speech follow the same rules, although particular speech can often be restrained if it has already been adjudged as libelous.

    Digital Journalist's Legal Guide
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    Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.

    Prior Restraints

     

    Topic Search Results

    Prior Restraints In The News

    N.D. law banning campaigning on Election Day ruled unconstitutional
    11/01/2012
    A federal judge Wednesday banned the enforcement of a century-old statute that prevents North...
    Journalists harmed by terrorist law that chills speech activities, federal judge rules
    09/13/2012
    A federal judge in New York Wednesday blocked enforcement of a provision of a statute that would...
    View All Prior Restraints News

    Digital Journalist's Legal Guide

    Banning entire categories of speech
    The U.S. Supreme Court in April 2010 ruled that legislation intended to curb the production and distribution of animal-cruelty fetish...
    Can a libel verdict be a permanent prior restraint?
    Prior restraints on speech and publication “are the most serious and the least tolerable infringement on First Amendment rights,...
    Digital Journalist's Legal Guide

    From the Magazine

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    The News Media and The Law, Summer 2011
    Regulation of violent video games sales to minors violates First Amendment
    Court rejects attempt to create “wholly new category of content-based regulation” of speech From the Summer 2011...
    Legislators' votes are not protected speech, Supreme Court rules
    From the Summer 2011 issue of The News Media & The Law, page 39. Public officials do not engage in protected First Amendment...

    Briefs & Comments

    • Amicus brief in Leigh v. Salazar
      June 2, 2011

      Asking the Ninth Circuit to reverse a district court's denial of a preliminary injunction on behalf of a photographer seeking less restrictive access to federal lands for purposes of photographing the roundup of wild horses.

    View All Prior Restraints Briefs
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