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A prior restraint, by contrast and by definition, has an immediate and irreversible sanction. If it can be said that a threat of criminal or civil sanctions after publication 'chills' speech, prior restraint 'freezes' it at least for the time. Also, most of the early struggles for freedom of the press were against forms of prior restraint. Thus ...
Near v. Minnesota, 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment.
Telemarketing Assoc., Inc. upheld an Illinois telemarketing anti-fraud law against claims that it was a form of prior restraint, affirming consumer protection against misrepresentation was a valid government interest justifying a free speech exception for false claims made in that context. The 2012 decision United States v.
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Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
Gag orders are sometimes used in an attempt to assure a fair trial by preventing prejudicial pre-trial publicity, although their use for this purpose is controversial since they are a potentially unconstitutional prior restraint that can lead to the press's using less reliable sources such as off-the-record statements and second- or third-hand ...
The Manhattan District Attorney's Office this week asked a judge presiding over the New York criminal case against Donald Trump to "clarify or confirm" that his earlier order restricting the ...
Hazelwood School District et al. v. Kuhlmeier et al., 484 U.S. 260 (1988), was a landmark decision by the Supreme Court of the United States which held, in a 5–3 decision, that student speech in a school-sponsored student newspaper at a public high school could be censored by school officials without a violation of First Amendment rights if the school's actions were "reasonably related" to a ...