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.

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 ...

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.

2019年6月30日 · Prior restraint is a type of censorship in which speech or expression is reviewed and restricted before it occurs. Under prior restraint, a government or authority controls what speech or expression can be publicly released. Prior restraint has a history of being viewed as a form of oppression in the United States.

The doctrine of prior restraint was called upon by the Court as it struck down restrictions on First Amendment rights, including a series of loosely drawn statutes and ordinances requiring licenses to hold meetings and parades and to distribute literature, with uncontrolled discretion in the licensor whether or not to issue them. 432 The ...

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 .

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 refers to a legal doctrine that prohibits the government from prohibiting speech or other expression before it takes place. This concept is a critical aspect of First Amendment rights, emphasizing the importance of free speech and the presumption against censorship.

The prohibition on prior restraint, thus, essentially limits restraints until a final judicial determination is made that the First Amendment does not protect the restricted speech. For example, it limits temporary restraining orders and preliminary injunctions pending final judgments rather than permanent injunctions following final judgments ...

One of the fundamental rights guaranteed by the First Amendment to the U.S. Constitution is the freedom from prior restraint. Derived from English Common Law, the rule against prior restraint prohibits government from banning expression of ideas prior to their publication.