what is prior restraint

what is prior restraint

3 hours ago 1
Nature

Prior restraint is a government action that prohibits speech or other expression before it actually occurs. It is a form of censorship where the government acts as a gatekeeper, preventing certain speech or publications in advance rather than punishing them afterward

. Common forms of prior restraint include:

  • Laws or regulations requiring a permit or license before speaking or publishing.
  • Judicial injunctions that forbid publication or speech on specific topics.
  • Government orders or policies that prevent publication of particular materials

Prior restraint is generally disfavored and often deemed unconstitutional in the United States because it conflicts with the First Amendment's protection of free speech and press. Landmark Supreme Court cases such as Near v. Minnesota (1931) and New York Times v. United States (1971) have established that prior restraints are only permissible in exceptional cases, such as matters of national security or when speech would cause immediate, direct harm

. In summary, prior restraint means government censorship that stops speech or expression before it happens, rather than punishing it afterward, and it is heavily restricted under U.S. constitutional law to protect freedom of speech and the press

Read Entire Article