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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.
Prior restraint is censorship which prevents material from being published in the first place. The alternative form of censorship occurs as punishment for unlawful or harmful material already published, usually after having the opportunity to dispute the charge in court.
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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.
Mutual Film Corporation v. Industrial Commission of Ohio, 236 U.S. 230 (1915), was a landmark decision of the US Supreme Court ruling by a 9–0 vote that the free speech protection of the Ohio Constitution, which was substantially similar to the First Amendment of the United States Constitution, did not extend to motion pictures.
The judge presiding over Donald Trump's impending New York criminal trial expanded a partial gag order Monday night following the former president's online attacks against his daughter.
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 ...