Sentences with phrase «prior restraint»
"Prior restraint" refers to government actions that restrict or prevent free expression, such as speech, publication, or media content, before it is even communicated to the public. It means the government is intervening and stopping the information or opinion from getting out. Full definition
«Freedom of speech» is the freedom from prior restraint of speech via governmental power.
techdirt.com
The second case involving prior restraint related to naming jurors in the trial of a biker gang member.
The question here is one of prior restraint of activity or communication.
The blog post does not include the court documents but says that is based on the grounds that the AG's threats «represent an unconstitutional prior restraint on free speech and are clearly barred by federal law,» to wit, Section 230 of the Communications Decency Act.
«In nearly all cases, indefinite gag orders and gag orders issued routinely rather than in exceptional cases are unconstitutional prior restraints on free speech and infringe on First Amendment rights.»
«As a social studies teacher, I've always had a concern about whether Internet filtering provides someone (and since filtering is a requirement of Federal law, that someone would be the U.S. Government) with an opportunity to censor (allow for prior restraint of) online materials.
«Volokh: Unconstitutional prior restraint in anti-gay ad?
He signed an order barring the group from handing out their pamphlets... raising all sorts of free speech and prior restraint questions.
yells Walter, the ear - gnawing, gun brandishing, Jewish - American libertarian, «For your information, the Supreme Court has roundly rejected prior restraint!»
«I am just stumped by it because the precedents at the national level and in Iowa do not indicate that this particular case rose to the level of allowing prior restraint.»
It is, I would suggest, in the blanket nature of the restriction — that and the fact that banks, whose ability to fine - tune laws in other circumstances such as identity and personal security have often been severely lacking, are now being encouraged to impose what is effectively prior restraint on online content.
Justice Holmes argued that the First Amendment applied further than his previously stated prior restraints and established the «clear and present danger» test in which it measured the probability of harm in argued cases (Lewis 26).
Prior restraint means preventing someone from speaking out in case they say something objectionable, rather than allowing them to speak and then taking action.
If the state board of education and local school officials support this policy, I will no longer have to refer to the Pentagon Papers case to explain prior restraint; I will merely have to read students the SBAC test rules.
«I wouldn't worry too much about any judge granting prior restraint in this matter unless they're not familiar with precedent or current law,» says Jonathan Kotler, a lawyer with broad experience in media law who teaches at the Annenberg School for Communication and Journalism at the University of Southern California, in an interview with the ABA Journal.
Has advised companies, individuals and foreign governments on a variety of speech and first amendment issues, including prior restraint under the First Amendment, Anti-SLAPP suits, defamation and product disparagement.
Petitioners urged that the injunction and underlying permit ordinance were impermissibly vague prior restraints on exercise of First Amendment rights, and that the ordinance had been discriminatorily applied.
A city ordinance empowering the police chief to deny a «sexually oriented business» license application if he determined that the business «would not comply with all applicable laws» was an overbroad prior restraint.
THE BIG LEBOWSKI (PolyGram Filmed Entertainment & Working Title Films 1998)(«For your information, the Supreme Court has roundly rejected prior restraint.»).
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Blogfather Eugene Volokh writes that a judge «issued a probably unconstitutional prior restraint» in the case of the Oregon couple who, as he posted earlier this morning, sued over the unauthorized political use of their wedding photo in a gay - bashing ad.
The first of these developments is a lawsuit brought by Pedro Canovas, a former postdoc at the University of Massachusetts (UMass) Medical School in Worcester, against the school and his erstwhile lab chief, Dario Altieri, a professor of cancer biology, for alleged «breach of contract,... wrongful discharge,... retaliation,... and prior restraint on publications.»
If a preliminary injunction is issued, it will constitute the first instance of prior restraint against a publication in this fashion in the history of this country, to this Court's knowledge.
In its motion, Yahoo said: «Yahoo has been unable to engage fully in the debate about whether the government has properly used its powers, because the government has placed a prior restraint on Yahoo's speech.»
In fact, all mass communication media are subject to censorship, not in the sense of prior restraint by government, but in the sense of prior restraint by industry.
O'Connor emphasizes that earlier Court rulings forbidding state licensing and taxing of religious activity were based on the fact that state interference was a «prior restraint» on a constitutionally protected freedom.
First, this proposed injunction would constitute a prior restraint on the Defendants» rights under the First Amendment and the parallel protections under the California Constitution.
«That is called «prior restraint» and it is unthinkable in the US, where the New York Times and Washington Post have been widely applauded - along with the Guardian - for reporting on the Snowden files.
Bernstein and his lawyers, the San Francisco - based firm of McGlashan and Sarrail, say that the regulations constitute «prior restraint», which is banned by the First Amendment to the constitution.
To me, any sort of outside filtering constitutes «prior restraint.»
Prior restraint would only be granted if the book violated obscenity laws, endangered national security or if it were the only way possible to ensure a fair criminal trial for a defendant, he says.
I don't much care whether the remedy is after - the - fact sanction or prior restraint.
«By stopping WHDH - TV (Channel 7) from reporting on autopsy reports that allegedly show two Boston firefighters killed in an August restaurant blaze had abused drugs and alcohol,» Kennedy wrote, «Hopkins violated the most basic of First Amendment protections — the protection against prior restraint.»
On behalf of WHDH, lawyer Jordana B. Glasgow explained to the judge the First Amendment's prohibition against prior restraint.
But the judge issued the injunction anyway, saying, «Even if it was judged a prior restraint on free speech, it's justified in this case.»
In Barnes, the SJC rejected a challenge to OpenCourt's live streaming, holding that a court order restricting video streaming from the courtroom would be a form of prior restraint and could be upheld only if it is the least restrictive, reasonable measure necessary to protect a compelling government interest.
Any prior restraint on their exercise must be scrutinised with particular care.
'' [t] he settled rule is that a system of prior restraint «avoids constitutional infirmity only if it takes place under procedural safeguards designed to obviate the dangers of a censorship system.»»
Among other things, the proposed rules would classify most attorney blogs as «advertising,» thereby subjecting attorneys to the prior restraint rule that requires submission of all changes to ads prior to publication.
Traditionally, the main point of freedom of speech was that a court couldn't stop you from saying something, but could only seek to punish you after the fact (and for that you get a jury, a public hearing, etc.) But more recently, courts realized that subsequent punishment had similar effects to prior restraint.
Moreover, time and again, courts have established that the Constitution (and case law) rarely allows for «prior restraint.»
And at «The Volokh Conspiracy,» Eugene Volokh has a post titled «Arkansas Judge Issues Temporary Restraining Order Against Allegedly Libelous Political Ad; The ad criticizes Arkansas Supreme Court Justice Courtney Goodson; the TRO that she just got today is almost certainly an unconstitutional prior restraint.»