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.

Florida sheriff agrees to cease custom of greeting jurors

Kacey Deamer | Prior Restraints | Feature | March 24, 2011
Feature
March 24, 2011

Citing a desire to avoid "an impending media circus," a Florida county sheriff agreed on Thursday to stop his four-year custom of greeting potential jurors in a parking lot prior to their arrival at court for jury duty.

Judge bans leaflets meant to influence jurors at courthouses

Rachel Costello | Prior Restraints | Feature | February 4, 2011
Feature
February 4, 2011

A Florida judge on Monday issued an order prohibiting the distribution of leaflets or pamphlets created to sway jurors outside the Orange and Osceola courthouses located in Orlando.

First Amendment defense raised to dismiss espionage case

Kacey Deamer | Prior Restraints | Feature | February 2, 2011
Feature
February 2, 2011

A defendant charged with espionage for allegedly leaking "national defense information" to a news reporter has moved to have his case dismissed on First Amendment and other grounds.

Miss. high court lifts ban on airing of abuse video

Rachel Costello | Prior Restraints | Feature | January 28, 2011
Feature
January 28, 2011

The Mississippi Supreme Court issued an order Thursday to lift an injunction prohibiting a Hattiesburg television station from airing video images of alleged child abuse at a juvenile detention center.

Court grants order prohibiting release of police report

Kacey Deamer | Prior Restraints | Feature | January 21, 2011
Feature
January 21, 2011

The announced plan by a Long Island attorney to release an internal police document purportedly finding "massive violations and failures by multiple members of the Nassau County Police" suffered a serious setback Jan. 14 when the court for Eastern District of New York granted a protective order that restricted access to the Internal Affairs Unit Report by the Nassau County Police Department.

U.S. rep wants WikiLeaks, founder added to banned list

Derek Green | Prior Restraints | Feature | January 14, 2011
Feature
January 14, 2011

Although U.S. Rep. Peter King, R-N.Y., the chairman of the Committee on Homeland Security, wants WikiLeaks and its founder, Julian Assange, to be added to a special government list of entities and individuals that includes terrorist groups and drug trafficking organizations, the Treasury Department has reportedly declined to do so. King called Wikileaks a "clear and present threat to U.S. national interests," in a letter to Treasury Secretary Timothy Geithner.

Station appeals order banning airing of alleged abuse video

Rachel Costello | Prior Restraints | Feature | January 14, 2011
Feature
January 14, 2011

A television station in Hattiesburg, Miss., filed an emergency petition to the Mississippi Supreme Court Thursday to vacate a juvenile court's injunction prohibiting the station from airing video images of alleged child abuse from a juvenile detention center.

Richmond police reportedly drop case to retrieve FOIA docs

Derek Green | Prior Restraints | Feature | January 11, 2011
Feature
January 11, 2011

Attorneys for the recipient of police documents obtained through the Virginia Freedom of Information Act report that the city of Richmond, Va., and its police chief intend to drop their court case seeking the return of the produced documents.

House Judiciary Comm. takes on Wikileaks, Espionage Act

Christine Beckett | Prior Restraints | Feature | December 16, 2010
Feature
December 16, 2010

The U.S. House of Representatives Judiciary Committee held a hearing Thursday to address the Wikileaks controversy and discuss the future of the Espionage Act in light of demands that the government prosecute the site's founder, Julian Assange. The committee heard testimony from lawyers and advocates that stressed the importance of finding a balance between government transparency and maintaining national security secrets.

California court considers proposed arson case gag order

Derek Green | Prior Restraints | Feature | December 15, 2010
Feature
December 15, 2010

A California state court in Placer County heard arguments Tuesday on a motion from the local district attorney's office for a controversial gag order in a shopping mall arson case. The attorney for the accused and the Sacramento Bee opposed the gag order, which, if granted as proposed, would apply not only to the parties and their attorneys, but also to investigating agencies and their employees as well.