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.

Ohio Supreme Court prevents enforcement of gag order

Mara Zimmerman | Prior Restraints | Feature | April 14, 2010
Feature
April 14, 2010

The Supreme Court of Ohio has prohibited the enforcement of a gag order banning the news media from reporting on a criminal trial until a jury has been seated in the second trial of another defendant charged in the same incident.

Judge explains temporary trial coverage ban in high court brief

Nadia Tamez-Robledo | Prior Restraints | Quicklink | March 23, 2010
Quicklink
March 23, 2010

An Ohio judge told the state Supreme Court on Monday that his decision in January to temporarily ban media coverage on a manslaughter trial was made to ensure that an unbiased jury was seated for the second defendant in the case, The Toledo Blade reported.

High court won't hear appeal, ban on death row interviews stands

Curry Andrews | Prior Restraints | Quicklink | March 8, 2010
Quicklink
March 8, 2010

The U.S. Supreme Court on Monday said it would not hear the appeal of a death row inmate who argued that a federal policy banning in-person interviews violated his constitutional rights.

Attorney responds to military gag order by starting blog

Mara Zimmerman | Prior Restraints | Quicklink | March 4, 2010
Quicklink
March 4, 2010

The attorney for the Army psychiatrist implicated in a shooting at a Texas military base has responded to a military gag order by starting a blog on the case, CNN reported.

Justices consider whether Enron exec got fair trial

Mara Zimmerman | Prior Restraints | Feature | March 1, 2010
Feature
March 1, 2010

The Supreme Court seemed sympathetic on Monday to the argument that former Enron CEO Jeffrey Skilling did not receive a fair trial in Houston following the energy company's bankruptcy and subsequent collapse.

State high court suspends prior restraint on news coverage

Gregg Leslie | Prior Restraints | Quicklink | January 29, 2010
Quicklink
January 29, 2010

The Ohio Supreme Court has temporarily lifted a judge's order that would have barred journalists from reporting on a public trial that begins next week. The stay, issued after the Toledo Blade petitioned the high court, will remain in effect until the appeal is fully briefed and argued, which according to the court's schedule could take 50 days.

Newspaper asks state high court to overturn prior restraint

Gregg Leslie | Prior Restraints | Quicklink | January 28, 2010
Quicklink
January 28, 2010

The Toledo Blade has asked the Ohio Supreme Court to overturn a judge's order barring journalists from reporting on a public trial.

News media issue affects corporate speech decision

Gregg Leslie | Prior Restraints | Feature | January 21, 2010
Feature
January 21, 2010

When the Supreme Court turned campaign-finance law on its head today with its decision in Citizens United v. F.E.C., the justices said they were partially influenced by the example of media companies that publish news and commentary about elections, even though they are exempt from the provisions at stake in the case.

Ohio judge tells media to delay reports on manslaughter trial

Cristina Abello | Prior Restraints | Quicklink | January 20, 2010
Quicklink
January 20, 2010

An Ohio judge has ordered the news media not to report on a criminal trial involving the death of a toddler, even though it is open to the public, The [Toledo] Blade reported.

California bill would protect charter school journalists

Curry Andrews | Prior Restraints | Feature | January 12, 2010
Feature
January 12, 2010

A California state Senate committee passed the latest incarnation of a bill today that would extend existing free-speech laws to charter schools. The bill will likely go to the full floor for a vote as early as next week.