Prior Restraint

• Prior restraint

• Post-Wikileaks: The Law of Prior Restraint Transformed

The Supreme Court, in its landmark Pentagon Papers decision, New York Times Co. v. United States, recognized that the First Amendment protects this editorial process; other decisions of the court have prohibited prior restraints in nearly every circumstance, even where national security may be at risk and the press' source is alleged to have obtained the information unlawfully. Future lawsuits challenging such Internet postings may narrowly redraw the contours of prior restraint law for the traditional media as they continue to exercise a rigorous editorial review process before publishing confidential information.

• News Media and the Law
• Vol. 32 Nbr. 2, April 2008

• Zero Access Adds Up to Prior Restraint

As military presence increased in the immediate aftermath of Hurricane Katrina, so did the number of checkpoints, roadblocks, and, ultimately, news gathering issues. On Sep 9, 11 days after Katrina pummeled the Gulf Coast, retire Marine Col Terry J. Ebbert, director of homeland security for New Orleans, said the press would be barred from covering the collection of dead bodies and Army Lt Gen Russell Honore, overseer of the federal relief effort in the city, announced a "zero access" policy for news media. With this, First Amendment lawyers working for CNN filed a suit against the Federal Emergency Management Agency arguing that the "zero access policy" amounted to prior restraint and violated the First Amendment.

• News Media and the Law
• Vol. 29 Nbr. 4, October 2005

• Prior Restraint

Government prohibition of speech in advance of publication. One of the fundamental rights guaranteed by the ...

• West's Encyclopedia of American Law
• Po–San

• State ex rel. Toledo Blade Co. v. Henry Cty. Court of Common Pleas (Slip Opinion), Slip Opinion No. 2010-Ohio-1533

First Amendment — Fair Trial — Prohibition — Presumptions against prior restraint not overcome — Writ granted.

• Ohio Supreme Court

• Prior Restraint and Censorship

History has rooted in our constitutional tradition of freedom of expression the strongest aversion to official censorship. We have l...

• Encyclopedia of the American Constitution
• KA-PU

• 'Harmful to minors' laws.

The new Republican majority in Congress is seeking to revive a failed measure seeking to ban all manner of material which might be harmful to minors. Such a law has far-reaching and frightening implications since it is basically an underhanded attempt at prior restraint of expression.

• The Humanist
• Vol. 55 Nbr. 2, March 1995

• Prior Restraint or Finger in the Dike? Bank Julius Baer V. Wikileaks and Dynadot

Notoriety attached to the case, however, when federal district court judge Jeffrey White granted the plaintiff relief in the form of a permanent injunction requiring Dynadot, based in San Mateo, California, to lock and disable the Wikileaks.org domain name on February 15, 2008.

• Justice System Journal
• Vol. 29 Nbr. 2, May 2008

• Making Sense of High School Speech After Morse V. Frederick

The twin pillars on which student speech jurisprudence is built, respect for student rights while at the same time recognizing the unique needs and characteristics of schools, inevitably leads to ambiguities and close cases. [...] student speech in high schools is a multi-dimensional issue, at times calling for unique analytical models when a limited public forum, school-sponsored speech, or a prior restraint is involved.

• The William and Mary Bill of Rights Journal
• Vol. 17 Nbr. 3, March 2009

• Informal Court Action Can Be Prior Restraint, Kennedy Says

First Amendment lawyers predict an April opinion by US Supreme Court Justice Anthony M. Kennedy in a case brought by a Florida broadcaster is likely to be cited favorably in future cases involving do-not-publish orders. Legal and judicial details of Kennedy's opinion are discussed.

• News Media and the Law
• Vol. 29 Nbr. 2, April 2005

• Campaign Finance Reform Restraint's High Bar a Better Remedy Exists Than Prior Restraint. Misleading Speech Still Can Be Protected Speech.

Standard operating procedure: A group buys radio time for an ad opposing a candidate. The radio station says yes or no. How it's not done: A court prematurely steps in and tells the authors of the ad that it can't be run.

• The Milwaukee Journal Sentinel
• November 04, 2008