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Prior restraint (also referred to as prior censorship [1] or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship that establishes general subject matter restrictions and reviews a particular instance of ...
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.
The third possible approach was a very broad view of the First Amendment, one not focused on the impact of a government victory on the life of a democratic society if prior restraint were granted; but that the publication of just these sorts of materials—governmental misjudgments and misconducts of high import—is exactly why the First ...
U.S. courts have not permitted most prior restraints since the case of Near v. Minnesota in 1931. However, the 1988 case of Hazelwood v. Kuhlmeier was argued to be a means of prior restraint due to a school principal eliminating content and topics from the school newspaper that was written by students at Hazelwood East High School in
Minnesota (1931), [337] in which the Supreme Court rejected prior restraint (pre-publication censorship). In this case, the Minnesota legislature passed a statute allowing courts to shut down "malicious, scandalous and defamatory newspapers", allowing a defense of truth only in cases where the truth had been told "with good motives and for ...
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Minnesota recognized freedom of the press by roundly rejecting prior restraints on publication, a principle that applied to free speech generally in subsequent jurisprudence. The court ruled that a Minnesota law targeting publishers of malicious or scandalous newspapers violated the First Amendment (as applied through the Fourteenth Amendment).
Case history; Prior: 278 A.D. 253, 104 N.Y.S.2d 740 (App. Div. 1951), affirmed, 303 N.Y. 242, 101 N.E.2d 665 (1951).Holding; Provisions of the New York Education Law that allow a censor to forbid the commercial showing of any non-licensed motion picture film, or revoke or deny the license of a film deemed to be "sacrilegious", were a "restraint on freedom of speech", and thereby a violation of ...