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.
Digital Journalist's Legal Guide
Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
The Reporters Committee wrote to a Shelby County, Ala., circuit court judge arguing that a blogger, Roger Shuler, should not be kept in jail on a contempt charge for refusing to remove articles from his web site. Shuler has been held for more than two weeks for violating a judge's order. The court has not issued a judgment on the underlying libel suit. The letter requested that the court rescind the civil contempt order entered against Mr. Shuler for violating the unconstitutional prior restraint and unseal the records in the case.