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.

Professor and paper charged with contempt over critical article

Prior Restraints | Feature | November 29, 1994

Feature

November 29, 1994

Professor and paper charged with contempt over critical article

11/29/94

SINGAPORE -- The government charged both an American professor and a newspaper with contempt of court in mid-November for publishing an October article critical of Asian governments.

Blackmun strikes down prior restraint on segment of CBS newscast

Prior Restraints | Feature | February 22, 1994

Feature

February 22, 1994

Blackmun strikes down prior restraint on segment of CBS newscast

02/22/1994

WASHINGTON, D.C. -- Just hours before the scheduled broadcast of CBS's "48 Hours," U.S. Supreme Court Justice Harry Blackmun overturned a ban on the televising of a segment featuring videotape secretly shot at a meat processing plant.

Utah high court hears appeal of group arguing that refusal to run ad is a rights violation

Prior Restraints | Feature | December 14, 1993

Feature

December 14, 1993

Utah high court hears appeal of group arguing that refusal to run ad is a rights violation

12/14/1993

Judge refuses to clarify probation provision that bars former fugitive from 'profiting'

Prior Restraints | Feature | November 30, 1993

Feature

November 30, 1993

Judge refuses to clarify probation provision that bars former fugitive from 'profiting'

11/30/1993

MASSACHUSETTS -- On October 29 a state court judge denied former fugitive Katherine Power's request for clarification of a condition of her probation that prohibits her from receiving "profit or benefit" from telling her story. Power, a fugitive for 23 years, was wanted for her role a 1970 bank robbery in which a Boston police officer was killed. She surrendered to authorities in September.

Television producer sues, alleging censorship of program

Prior Restraints | Feature | November 16, 1993

Feature

November 16, 1993

Television producer sues, alleging censorship of program

11/16/1993

COLORADO -- More than a year after it was produced, Denver Community Television in November broadcast a gay and lesbian talk show program that is the subject of a civil rights suit.

Banning entire categories of speech

Type:

ESSAY

The U.S. Supreme Court in April 2010 ruled that legislation intended to curb the production and distribution of animal-cruelty fetish videos — but were instead used to prosecute those who sold and distributed videos that included animal fights — was so broadly written that it did not pass constitutional muster.

Can a libel verdict be a permanent prior restraint?

Type:

FAQ

Prior restraints on speech and publication “are the most serious and the least tolerable infringement on First Amendment rights,” the U.S. Supreme Court has said. As such, they are “presumptively unconstitutional,” and carry a heavy burden to sustain.

From the First Amendment Handbook - Government Censorship (Prior restraints)

Type:

HANDBOOK

A prior restraint is an official government restriction 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.” The Court repeatedly has found that such attempts to censor the media are presumed unconstitutional.

Government Censorship (Prior restraints)

Has a court ordered you not to print information that you lawfully obtained, or not to report what you heard in open court?

Prior Restraints

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Prior Restraints

Professor and paper charged with contempt over critical article

Blackmun strikes down prior restraint on segment of CBS newscast

Utah high court hears appeal of group arguing that refusal to run ad is a rights violation

Judge refuses to clarify probation provision that bars former fugitive from 'profiting'

Television producer sues, alleging censorship of program

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