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.

High court rules that former Enron executive got a fair trial

Mara Zimmerman | Prior Restraints | Feature | June 24, 2010
Feature
June 24, 2010

Former Enron Chief Executive Jeffrey Skilling received a fair trial in Houston, the U.S. Supreme Court ruled today in Skilling v. United States.

Heavy pretrial publicity does not create a presumption of juror bias that should lead to a change in venue, Justice Ruth Bader Ginsburg wrote in the court's main opinion, and the trial court in this case was not required to move Skilling's trial from Houston.

Justices uphold ban on assistance to 'terrorist' groups

Mara Zimmerman | Prior Restraints | Feature | June 21, 2010
Feature
June 21, 2010

The U.S. Supreme Court has upheld a federal law that prohibits the “material support” of foreign terrorist organizations, rejecting claims from humanitarian aid groups that the law violated their First Amendment rights of free speech and association.

Canadian high court upholds bail hearing publication ban

Mara Zimmerman | Prior Restraints | Feature | June 15, 2010
Feature
June 15, 2010

The Supreme Court of Canada has upheld a federal law that prevents journalists from reporting on evidence presented at bail hearings.

In an 8-1 decision issued on June 10, 2010, the court rejected a constitutional challenge brought by multiple media organizations, including U.S.-based The Associated Press, to a section of the Canadian Criminal Code that states a judge must order a publication ban for a bail hearing if a defendant requests it.

Reporters challenge Pentagon policy that bans them from reporting

Mara Zimmerman | Prior Restraints | Quicklink | May 13, 2010
Quicklink
May 13, 2010

Three news organizations have appealed last week's order from the Pentagon that bans four journalists from covering proceedings at Guantanamo Bay, The Miami Herald reports.

Four journalists banned from reporting on Guantanamo trial

Mara Zimmerman | Prior Restraints | Quicklink | May 7, 2010
Quicklink
May 7, 2010

Four experienced journalists have been banned from reporting on the military commission proceedings at Guantanamo Bay because they published the name of a witness that was already in the public record, ABC News reported.

First Amendment protects post on cop-rating website

Mara Zimmerman | Prior Restraints | Feature | May 6, 2010
Feature
May 6, 2010

A Florida federal judge has struck down the law that resulted in the arrest of an individual who published the contact information of a police officer in a website critique.

Justices toss law banning videos of animal cruelty

Supreme Court rules that legislation was so broad it violated First Amendment
Feature
Page Number: 
17

From the Spring 2010 issue of The News Media & The Law, page 17.

The U.S. Supreme Court in April 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.

Death row inmate facing firing squad denied access to media

Mara Zimmerman | Prior Restraints | Quicklink | April 30, 2010
Quicklink
April 30, 2010

The media will not be allowed to interview a prisoner slated to be executed by firing squad in Utah, The Salt Lake Tribune reports.

The Utah Department of Corrections said in a letter to the media that allowing interviews of Ronnie Lee Gardner, who was sentenced to death for fatally shooting an attorney during an attempted escape from custody, would shift the focus away from the victims of his crime.

Supreme Court ruling prompts new draft of animal cruelty law

Mara Zimmerman | Prior Restraints | Quicklink | April 22, 2010
Quicklink
April 22, 2010

One day after the U.S. Supreme Court declared unconstitutional a 1999 law banning videos depicting animal cruelty, the congressman who originally wrote the statute announced his intention to introduce animal cruelty legislation that is more narrowly tailored, The Los Angeles Times reported.

High court declares animal cruelty law unconstitutional

Mara Zimmerman | Prior Restraints | Feature | April 20, 2010
Feature
April 20, 2010

The U.S. Supreme Court on Tuesday overturned a federal law that criminalized videos showing the torture and killing of animals after deciding that it violated First Amendment free speech rights.