2016年1月18日 · The term prior restraint refers to a governmental restriction on speech or other expression before it can take place. This is seen by many as a blatant violation of the First Amendment rights enjoyed by all Americans, but is sometimes used by courts concerned about the effect publicity might have on a person’s right to a fair trial .

2019年6月30日 · Prior restraint is the review and restriction of speech prior to its release. Under the First Amendment of the U.S. Constitution, which protects speech and freedom of the press, prior restraint is deemed unconstitutional. There are some exceptions to prohibitions against prior restraint, including obscenity and national security.

Simply put: A prior restraint is anytime the government acts as a gatekeeper to free expression. While most often associated with printed materials, a prior restraint can be imposed on any type of expression. Here are some examples of how it can occur:

Prior restraint (also referred to as prior censorship [1] or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship that establishes general subject matter restrictions and reviews a particular instance of ...

In First Amendment law, prior restraint is government action that prohibits speech or other expression before the speech happens. Prior restraint typically happens in a few ways. It may be a statute or regulation that requires a speaker to acquire a permit or license before speaking.

2023年8月3日 · Prior restraint is a form of censorship that allows the government to review the content of printed materials and prevent their publication. Most scholars believe that the First Amendment’s guarantee of freedom of the press includes the restriction of prior restraints.

What are some examples of prior restraint? Examples of prior restraint include a government agency trying to stop a newspaper from publishing a story about a political scandal or a court order preventing a book from being released because it contains sensitive information.

2024年7月25日 · Some examples of prior restraint include: Although not all prior restraints violate the First Amendment, they are considered particularly dangerous because they mirror the type of government censorship the Bill of Rights sought to avoid. How Has the Supreme Court Dealt with Prior Restraint Cases? In Nebraska Press Association v.

2023年11月21日 · Prior restraint is the suppression of speech or publication or assembly before it actually occurs. The prohibition against prior restraint is a critical element of the rights established by...

Prior restraint is a type of government censorship. It happens when the government prevents information or speech from going public before it even happens. The roots of prior restraint in the United States go back to medieval England, when kings and queens censored the press.