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.

CIA legally censored ex-operative's memoir, appeals court rules

Kirk Davis | Prior Restraints | Quicklink | November 18, 2009
Quicklink
November 18, 2009

The CIA did not violate the First Amendment rights of ex-undercover agent Valerie Plame Wilson when it refused to allow her to publish information about her work with the agency in her 2007 memoir, the U.S. Court of Appeals in New York City (2nd Cir.) has ruled.

Still Keeping Secrets

Court uncloaks documents in church abuse suits
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22

From the Fall 2009 issue of The News Media & The Law, page 22.

Years after a flood of abuse cases came to light, some Catholic groups still try to keep court records sealed.

A seven-year quest to unseal documents in 23 clergy sex abuse suits reached an end in late October, when the U.S. Supreme Court refused to review a Connecticut order unsealing more than 12,000 previously unreleased pages of court documents.

Taking secrecy to extremes

Judges push court closure to the limits, but appeals await
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20

From the Fall 2009 issue of The News Media & The Law, page 20.

The First Amendment to the U.S. Constitution guarantees that criminal court proceedings are presumptively open to the public, but the presumption is not absolute. In some cases — from criminal gang prosecutions to national security issues — courts identify particular information that must be kept from public view.

Attorney general to limit state secrets privilege

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19

From the Fall 2009 issue of The News Media & The Law, page 19.

The Obama administration took a definitive step toward reversing a trend of increased government secrecy on Sept. 23 when the attorney general issued a memorandum outlining new policies and procedures that limit the use of the state secrets privilege — when the government moves to dismiss a pending lawsuit because the information needed for trial is so sensitive it could impact national security.

Changes to embed policy in Afghanistan are reversed

Amanda Becker | Prior Restraints | Quicklink | October 20, 2009
Quicklink
October 20, 2009

The military has reversed recent changes to its policy for embedded reporters that prohibited them from photographing troops who have been killed in action, Congressional Quarterly reported on Tuesday.

Confusion remains over embed policy in Afghanistan

Kirk Davis | Prior Restraints | Quicklink | October 19, 2009
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October 19, 2009

Confusion remains after military commanders in eastern Afghanistan issued two recent changes to a policy on whether embedded journalists can photograph mortally wounded soldiers, the Associated Press reported.

Defense department retreats from stringent embed rules

Amanda Becker | Prior Restraints | Quicklink | October 16, 2009
Quicklink
October 16, 2009

A revised policy for reporters embedded with the U.S. military command in eastern Afghanistan released Thursday retreats from a more stringent version imposed last month, the Washington Post reports.

New military policy prohibits photos of troops killed in action

Amanda Becker | Prior Restraints | Quicklink | October 9, 2009
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October 9, 2009

The agreement journalists must sign to become embedded with a military unit in Afghanistan now includes a prohibition against any photographic or video coverage of U.S. troops killed in action, according to a copy of the latest agreement.

Justices hostile to ban on animal cruelty images

Rory Eastburg | Prior Restraints | Feature | October 6, 2009
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October 6, 2009

Supreme Court justices signaled their concerns about the constitutionality of a decade-old law that criminalizes depictions of animal cruelty on Tuesday during the oral arguments in U.S. v. Stevens, a case that involves the conviction of a Virginia man who made videos that included dog fighting.

Tribal court strikes down prior restraint on journalist

Rory Eastburg | Prior Restraints | Feature | September 11, 2009
Feature
September 11, 2009

A tribal appellate court in Michigan last month vacated a broad injunction that prohibited a Native American journalist from reporting on issues related to tribal membership.