Prior Restraints

This section covers official government restrictions of speech prior to publication. Prior restraints are viewed by the U.S. Supreme Court as “the most serious and the least tolerable infringement on First Amendment rights," which repeatedly has found that such restraints are presumed unconstitutional. Restraints on Internet speech follow the same rules, although particular speech can often be restrained if it has already been adjudged as libelous.

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

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

Supreme Court weighs arguments in Stolen Valor case

Rachel Bunn | Prior Restraints | Feature | February 22, 2012
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February 22, 2012

The U.S. Supreme Court heard oral arguments Wednesday in a case that questions the constitutionality of a statute which criminalizes false statements about the receipt of military medals.

10th Cir.: lies about military service not protected

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

Nebraska funeral buffer zone infringes First Amendment

Kristen Rasmussen | Prior Restraints | Feature | October 24, 2011
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October 24, 2011

A fringe church that spreads its message against homosexuality through protests outside military funerals recently secured another legal victory for its controversial picketing activities.

Convicted terrorist's speech challenge will proceed to court

Jamie Schuman | Prior Restraints | Feature | October 7, 2011
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October 7, 2011

A convicted terrorist claiming that the limits on communication he faces while serving a life sentence at a federal penitentiary violate his First Amendment rights can proceed with his lawsuit against the government, the District Court in Colorado has ruled.

Legislators’ votes are not protected speech, Supreme Court rules

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Derek D. Green

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AP Photo

Justice Antonin Scalia authored the majority opinion in the Supreme Court's 9-0 decision to reverse a Nevada court's ruling in Nevada Commission on Ethics v. Carrigan.

Regulation of violent video games sales to minors violates First Amendment

Court rejects attempt to create “wholly new category of content-based regulation” of speech
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Derek D. Green

A still image from the fighting game "Mortal Kombat."

AP Photo

San Diego newspaper sued over accidental records release

J.C. Derrick | Prior Restraints | Feature | September 23, 2011
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September 23, 2011

A California judge denied earlier this week a hospital district's application for a temporary restraining order in connection with a lawsuit it filed against a San Diego newspaper over the healthcare provider's botched response to a public records request.