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Prior Restraints: Law enforcement investigations

Law enforcement officials often tell reporters not to publish certain information about crimes — for example, the names of victims or witnesses, or the place where the crime occurred. Reporters should be skeptical about admonitions not to publish, particularly when such officials have made the information readily available.⁹ Unless these restrictions are authorized by a judge who has found a "clear and present danger" to the administration of justice, officials cannot order reporters not to publish lawfully obtained information. The decision to publish in such contexts is a matter of ethical considerations, not legal restraints.

Notes

9. See Florida Star v. B.J.F., 491 U.S. 524 (1989).

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