Prior restraint

An official government restriction of speech prior to publication; prior restraints are presumptively unconstitutional, meaning they carry a heavy burden to sustain and are rarely upheld. In its 1931 landmark opinion, Nebraska Press Association v. Stuart, the U.S. Supreme Court described prior restraints on speech and publication as "the most serious and the least tolerable infringement on First Amendment rights."

Judge orders Gawker to take down Hulk Hogan sex video, accompanying article and reader comments

Nicole Lozare | Prior Restraints | News | April 26, 2013
News
April 26, 2013

The popular website Gawker partially complied with a Florida judge’s order to take down a clip of a Hulk Hogan sex tape but refused to delete the accompanying article, citing the restraint as a violation of the gossip-news outlet's First Amendment rights.

Pinellas County Circuit Judge Pamela A.M. Campbell on Wednesday ordered Gawker to take down the video, the 1,400-word accompanying article and the 466 user-submitted comments at the famous professional wrestler’s request.

Order prohibiting journalist from ever writing about Haitian prime minister dismissed; but PM can refile complaint

Nicole Lozare | Prior Restraints | News | April 9, 2013
News
April 9, 2013

A federal judge in Miami today dismissed the defamation suit against a U.S.-based Haitian journalist and retracted a previous court order prohibiting him from ever publishing anything about the Haitian prime minister and a Florida businessman.

Judge restrains journalist from writing about Haitian prime minister, businessman

Rob Tricchinelli | Prior Restraints | News | February 19, 2013
News
February 19, 2013

A federal judge in Miami ordered a Haitian-American journalist to never again publish anything about the prime minister of Haiti or a Florida businessman, as part of a defamation judgment.

Prime Minister Laurent Lamothe and businessman Patrice Baker sued Leo Joseph and the Haiti-Observateur, a New York City-based, bi-language Haitian newspaper managed by Joseph.

N.D. law banning campaigning on Election Day ruled unconstitutional

Lilly Chapa | Prior Restraints | News | November 1, 2012
News
November 1, 2012

A federal judge Wednesday banned the enforcement of a century-old statute that prevents North Dakota citizens from campaigning on Election Day, calling the law “archaic” and “unconstitutional.”

OpenCourt can record Mass. jury trials, state high court judge rules

Amanda Simmons | Newsgathering | News | August 15, 2012
News
August 15, 2012

OpenCourt, a Massachusetts courtroom transparency program can begin streaming video of jury trials at a local district court, a judge from the state’s highest court ruled on Tuesday.

Judge orders blogger to take down information about woman accused in hit-and-run case

Emily Miller | Prior Restraints | News | July 5, 2012
News
July 5, 2012

A Massachusetts district judge ordered a blogger to remove from his website all references to a woman who faced criminal charges related to a car accident that seriously injured a pedestrian. A hearing Monday will bring into question the constitutionality of the order, which some argue violates the First Amendment.

Ordering lawyers to follow conduct rules eliminated need for gag order in Ala. public corruption case

Kristen Rasmussen | Prior Restraints | Feature | March 15, 2012
Feature
March 15, 2012

Ordering lawyers to comply with rules of professional conduct was a less restrictive alternative to issuing a gag order during a high-profile politically charged Alabama gambling-corruption retrial, the presiding judge said in an opinion explaining the rationale for his decision yesterday.

Judicial order restricting publication of material in live-streamed court proceeding is unconstitutional

Kristen Rasmussen | Prior Restraints | Feature | March 14, 2012
Feature
March 14, 2012

A judicial order that a news organization redact material presented during open court is an unconstitutional prior restraint on publication, Massachusetts’ highest court ruled today.

The state’s Supreme Judicial Court also directed its Judiciary-Media Committee to develop guidelines for the live online streaming pilot project of the National Public Radio station in Boston at the heart of the legal dispute.

10th Cir.: lies about military service not protected

Kristen Rasmussen | Prior Restraints | Feature | January 30, 2012
Feature
January 30, 2012

A federal appeals court recently upheld the constitutionality of a controversial law that criminalizes lying about the receipt of military honors, just weeks before the U.S. Supreme Court will consider a case that struck down the statute.

Texas judge limits media coverage of murder trial

Rachel Bunn | Prior Restraints | Feature | January 10, 2012
Feature
January 10, 2012

A Texas district judge unhappy about media coverage has loosened -- but not completely eliminated -- a court order that severely limited news gathering in a murder trial in Fort Worth after a newspaper requested her to reconsider.