Search results
Results from the WOW.Com Content Network
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 ...
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.
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
1.4.1 Ministerial exception. 1.5 Private religious speech. 1.6 Religion in public schools. ... Prior restraints and censorship. Near v. Minnesota (1931) Lovell v.
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).
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 ...
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 ...
[42] He further suggested that obscenity or incitement to insurrection would be similar grounds for prior restraint. The court subsequently upheld free speech exceptions such as restrictions on demonstrations in Cox v. New Hampshire, 312 U.S. 569 (1941), and censorship of motion pictures in Times Film Corp. v. City of Chicago, 365 U.S. 43 (1961).