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.

Appeals court denies rehearing of foreign wiretap challenge

Kristen Rasmussen | Prior Restraints | Feature | September 22, 2011
Feature
September 22, 2011

A federal appellate court recently declined to further consider an earlier ruling that journalists and others are sufficiently harmed by the U.S. government’s amended international surveillance law, which provides broader surveillance power with less court oversight, and therefore have standing to challenge it.

Reporters Committee brief supports constitutionality of Washington state anti-SLAPP law

Press Release | September 20, 2011
September 20, 2011

The Reporters Committee for Freedom of the Press has filed a friend-of-the-court brief with the U.S. Court of Appeals in Seattle (9th Cir.) urging it to uphold the constitutionality of Washington state’s anti-SLAPP law.

Wash. police investigate creator of cop parody videos

Aaron Mackey | Prior Restraints | Feature | August 8, 2011
Feature
August 8, 2011

Police officers in Washington state are seeking to unmask and prosecute the anonymous creator of a series of videos critical of the department in what officials describe as a cyberstalking investigation.

Legislators' votes are not protected speech, Supreme Court rules

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Page Number: 
39

From the Summer 2011 issue of The News Media & The Law, page 39.

Public officials do not engage in protected First Amendment speech when they vote on public matters, the U.S. Supreme Court declared in June. The Court’s decision, which rejected a local politician’s assertion that a state recusal law violated his free speech rights, was heralded by the Reporters Committee for Freedom of the Press and other news media organizations as averting a potential threat to open government.

Regulation of violent video games sales to minors violates First Amendment

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Page Number: 
36

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

From the Summer 2011 issue of The News Media & The Law, page 36.

On the final day of its term, the U.S. Supreme Court rejected an attempt to carve out another category of speech from First Amendment protection, striking down a California restriction on the sale or rental of violent video games to minors.

Appeals court reverses conviction for threatening Obama

Clara Hogan | Prior Restraints | Feature | July 20, 2011
Feature
July 20, 2011

Postings by an anonymous message board commentator predicting and encouraging the assassination of a presidential candidate do not qualify as true threats capable of criminalization, a federal appeals court ruled Tuesday.

City can't tell religious "pregnancy centers" what to say

Emily Peterson | Prior Restraints | Feature | July 18, 2011
Feature
July 18, 2011

A federal judge in New York last week blocked a New York City ordinance that was designed to force religious “pregnancy centers” to make certain disclosures about their services after the judge found that the centers would likely succeed with arguments that the law conflicts with the First Amendment.

Website refuses to pull deposition, despite judge's order

Derek Green | Prior Restraints | Feature | July 8, 2011
Feature
July 8, 2011

Online newspaper The Daily on Wednesday refused to comply with a federal judge’s order to remove from its website video clips of former BP CEO Tony Hayward’s deposition in the ongoing litigation related to the Deepwater Horizon oil spill in the Gulf of Mexico last year. That decision may prove to be vindicated, as the judge today indicated an intent to withdraw the order.

Tribal council shuts down Native American newspaper

Aaron Mackey | Prior Restraints | Feature | July 6, 2011
Feature
July 6, 2011

A Native American newspaper in a remote region of northern California will not be able to publish again unless editors can justify the publication's budget and content to tribal leaders, one of the paper's editors said Wednesday.

Supreme Court strikes down 'violent video games' law

Aaron Mackey | Prior Restraints | Feature | June 27, 2011
Feature
June 27, 2011

In striking down a California law that would have regulated the purchase of violent video games, the U.S. Supreme Court on Monday signaled that it is unwilling to create new categories of prohibited speech to regulate expression.