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Topic: Prior restraint

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	Prior restraint - Wikipedia, the free encyclopedia
		Prior restraint is a legal term referring to a government's actions that prevent materials from being published.
		Prior restraint is often considered a particularly oppressive form of censorship in Anglo-American jurisprudence because it prevents the restricted material from being heard or distributed at all.
		There is a long history of prior restraints on the theater; and, in the United Kingdom, plays still required a license until well into the twentieth century.
	en.wikipedia.org /wiki/Prior_restraint (3094 words)

	Prior Restraint (Site not responding. Last check: 2007-10-30)
		Prior restraint does not generally encompass legal direc-tives, which apply after the fact in the resolution of human disputes, for such constraints do not restrict human freedom in the same man-ner.
		Prior restraint offers a method of preventing occurrences which are viewed as bad or undesirable with the highest of motives: protection of human life and safety, particularly fortification of those perceived as less well able to care for themselves.
		Prior restraint acts as a great cosmic ideological prophylactic, cutting off life from ideas, forms and actions which may be beneficial but which will never see the light of day.
	www.libertyhaven.com /politicsandcurrentevents/constitutionscourtsandlaw/priorrestraint.html (1981 words)

	firstamendmentcenter.org: Press - Topic
		These limits on prior restraint (as such censorship is also known) have been firmly in place for more than 70 years.
		The relationship between prior restraint and national security was tested in 1971, when the government attempted to prevent The New York Times and The Washington Post from publishing the Pentagon Papers, a classified study of U.S. decision-making in Vietnam.
		In other cases, judges denying requests for prior restraints have cautioned that the publication of the information at issue could expose the publisher to liability for libel, invasion of privacy or violations of trade-secret laws.
	www.firstamendmentcenter.org /press/topic.aspx?topic=prior_restraint (728 words)

	Freedom of Speech and Injunctions in Intellectual Property Cases
		The above summary of the prior restraint doctrine is not entirely free from controversy--many still claim that the doctrine bans all injunctions of future speech, whether or not the injunction is preceded by a holding that the speech is constitutionally unprotected.
		Sure, under a prior restraint regime, some books or movies or newspaper stories will have to be delayed until their truthfulness or absence of infringement is ultimately adjudicated; but as a result, libel law and copyright law, both worthy rules, will be better vindicated.
		As to free speech issues, some cases have dismissed prior restraint arguments on the grounds that the trademark laws do not restrict protected speech at all, because the use of a mark is not a speech act, or is not subject to the normal protections afforded speech.
	www1.law.ucla.edu /~volokh/copyinj.htm (15657 words)

	Free Speech 24
		Prior restraints were banned, but subsequent punishments were permitted.
		If you violate a prior restraint, and are then brought to trial for it, the only issue at tria will be whether you violated the restraint -- for instance, published without a license -- and not whether your speech was actually, say, libel or obscenity or revelation of military secrets or what have you.
		Therefore, if your speech is actually innocent, and the prior restraint is thus unjustified, you won't have a chance to prove it unless you sue to lift the prior restraint to begin with, something that might take a lot of time and thus delay your speech.
	www.ssrn.com /update/lsn/cyberspace/lessons/fresp24.html (648 words)

	CECC: Freedom of Expression -- Prior Restraints in China
		Prior restraints are synonymous with censorship, and represent one of the most onerous infringements on freedom of expression.
		The term "prior restraint" refers to any system in which the government may deny a person the use of a forum for expression in advance of the actual expression.
		China's prior restraint system not only allows authorities to exercise these "negative" controls over the media by prohibiting people from publishing and forbidding the publication of objectionable articles, but it also enables the government to suppress freedom of expression through "positive" controls, by dictating to editors what they must print.
	www.cecc.gov /pages/virtualAcad/exp/exppriorrestraints.php (3878 words)

	Trends - Prior review vs. prior restraint
		Prior restraint, on the other hand, occurs when an administrator - often after he or she has read material (prior review) -- actually does something to inhibit, ban or restrain its publication.
		Unlike prior review, prior restraint of high school student media is limited by the First Amendment and state laws in Arkansas, California, Colorado, Iowa, Kansas and Massachusetts (and state regulations in Pennsylvania and Washington) (all of which can be found at: http://www.splc.org/law_library.asp), and various local school and school district policies.
		The legal protection from prior restraint that is available to high school student media can vary depending on where they are located and/or the nature of the media.
	www.studentpress.org /nspa/trends/~law0602hs.html (642 words)

	MBA: Journalists Handbook
		Whether prior restraint may be invoked to restrain an activity before it takes place turns on the level of constitutional protection afforded to the activity.
		Riqht to a fair trial -- One area where a prior restraint on pure speech may be permissible is where the unfettered exercise of First Amendment protection of speech and the press threaten the right of the criminally accused to a fair trial as guaranteed by the Sixth Amendment.
		The court ruled that the government had failed to carry its "heavy burden of showing justification for the imposition of such a restraint." A majority of the court agreed that release of the paper harmful to the nation and suggested that prosecution for espionage might be warranted.
	www.massbar.org /publications/journalists_handbook/?sw=3161 (1057 words)

	ESPN.com - MLB - Prior restraint: Cubs pitcher throws 50 pitches
		Prior, 23, was 18-6 with a 2.43 ERA last season in helping the Cubs reach the NL championship series.
		Prior is encouraged that he now feels normal on the days after he throws.
		Prior also denied he has been in a bad mood while he waits to pitch again, saying the only problem has been the monotony.
	sports.espn.go.com /mlb/news/story?id=1787211 (482 words)

	Bench and Media Guide : Prior Restraint
		Stuart, 427 U.S. “[P]rior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights.” Id.
		Generally there are three areas in which prior restraints are more likely to be upheld: obscenity, “fighting words,” and information regarding issues of national security.
		Although the documents were placed in the court file in an envelope marked “Privileged Documents For In Camera Review,” the reporter who obtained the documents testified that the envelope was not sealed and that she obtained the documents simply by reviewing the court's file.
	www.in.gov /judiciary/pubs/media-guide/prior-restraint.html (237 words)

	New York Times Co. v. United States (1971)
		The relative novelty of the questions presented, the necessary haste with which decisions were reached, the magnitude of the interests asserted, and the fact that all the parties have concentrated their arguments upon the question whether permanent restraints were proper may have justified at least some of the restraints heretofore imposed in these cases.
		Prior restraints require an unusually heavy justification under the First Amendment; but failure by the Government to justify prior restraints does not measure its constitutional entitlement to a conviction for criminal publication.
		I cannot believe that the doctrine prohibiting prior restraints reaches to the point of preventing courts from maintaining the status quo long enough to act responsibly in matters of such national importance as those involved here.
	www.bc.edu /bc_org/avp/cas/comm/free_speech/nytvus.html (11970 words)

	Prior Restraints on Publication
		If there is anything that the framers clearly intended to prohibit by way of the First Amendment it was prior restraints in the form of licensing laws that existed in England.
		Licensing laws have rarely been an issue in the United States, but another form of prior restraint (that is, legal restraint before publication) has received judicial attention: injunctions.
		The Court did not rule out, however, upholding a prior restraint in some future case, suggesting that "the publication of sailing dates" or "location of troops in wartime" might be appropriate cases for an injunction.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/priorrestraints.htm (732 words)

	DHK: prior restraint standing
		In order for a licensing law to be invalidated by a prior restraint facial challenge, it "must have a close enough nexus to expression, or to conduct commonly associated with expression, to pose a real and substantial threat" of censorship.
		nor the dissenting opinion suggests that a prior restraint that applies to expressive material cannot be challenged as lacking in procedural safeguards by a party who seeks to distribute that material.
		Any restraint imposed in advance of a final judicial determination on the merits must similarly be limited to preservation of the status quo for the shortest fixed period compatible with sound judicial resolution.
	homepages.law.asu.edu /~kayed/pubs/conlaw/encrypt-jj00.htm (5548 words)

	From Barbara Wartelle Wall: Legal Watch Grand jury witness warning not prior restraint on press (October 1, 2004) (Site not responding. Last check: 2007-10-30)
		It is not a prior restraint on the press to warn grand jury witnesses that they can be held in contempt of court if they tell anyone what questions they were asked and the answers they gave, a California appeals court recently ruled.
		As the appeals court observed, prior restraints -- prohibitions on publishing information already known by the press -- "are highly disfavored" and are presumed to be a violation of the First Amendment.
		The court, however, held that the warning is not a prior restraint on the press since it applies only to grand jury witnesses.
	www.gannett.com /go/newswatch/2004/october/nw1001-7.htm (514 words)

	PlanetPapers - Prior Restraint Can Be Accepted
		Some people believe that there are no circumstances under which prior restraint of the press, either print or broadcast, should be accepted or tolerated.
		I disagree with that statement and do believe there are certain times when prior restraint should be accepted or tolerated.
		I also believe prior restraint is acceptable when the national security is at stake, for example, during time of war or when it could cause harm to the nation.
	www.planetpapers.com /Assets/4524.php (652 words)

	Prior Restraint? \| The San Diego Union-Tribune
		Prior and his family here are being put through the mill.
		But the past month, dating back to the day Prior was shut down in spring training with pain in his push-off foot, has been off-the-charts crazy in Cubbyville.
		As Prior has rested to get the pain to subside, the furor and speculation surrounding the severity of his injuries finally calmed down as well.
	www.signonsandiego.com /uniontrib/20040418/news_lz1s18c12base.html (888 words)

	FindLaw: U.S. Constitution: First Amendment: Annotations pg. 9 of 21 (Site not responding. Last check: 2007-10-30)
		Obscenity and Prior Restraint.--Only in the obscenity area has there emerged a substantial consideration of the doctrine of prior restraint and the doctrine's use there may be based upon the proposition that obscenity is not a protected form of expression.
		Brown, 66 the Court upheld a state statute which, while it embodied some features of prior restraint, was seen as having little more restraining effect than an ordinary criminal statute; that is, the law's penalties applied only after publication.
		Keefe, 402 U.S. (1971), the Court held invalid as a prior restraint an injunction preventing the petitioners from distributing 18,000 pamphlets attacking respondent's alleged ''blockbusting'' real estate activities; he was held not to have borne the ''heavy burden'' of justifying the restraint.
	caselaw.lp.findlaw.com /data/constitution/amendment01/09.html (1553 words)

	DO WE REALLY HAVE TO SUE THE RIAA????
		a direct prior restraint is imposed upon the reporting of news by the media, each passing day may constitute a separate and cognizable infringement of the First Amendment.
		Davis will revitalize American prior restraint doctrine by again reminding the lower federal and state courts that, under the Supreme Court's First Amendment case law, the barriers to prior restraint are and must remain high.
		Justice Blackmun recognized that, in the case of prior restraints particularly, justice delayed is justice denied.
	www.negativland.com /riaa/rejection.html (1600 words)

	The Cub Reporter: Prior Restraint (Site not responding. Last check: 2007-10-30)
		Prior's health history at this point absolutely SCREAMS steroid abuse, and House is the kind of quack I'd expect to implement such a scheme.
		Prior comes to camp out of shape for whatever reason and either he isn't straight-forward with the Cubs or the Cubs are afraid for whatever reason to let it known someone is hurting.
		Prior delayed his MRI exam until later in the day, but the Cubs were optimistic that no damage was found in the shoulder during the physical exam.
	www.all-baseball.com /cubreporter/archives/022017.html (5605 words)

	[No title] (Site not responding. Last check: 2007-10-30)
		an attempt to prevent publication or broadcast of any statement, which is an unconstitutional restraint on free speech and free press (even in the guise of an anti-nuisance ordinance).
		Minnesota (1931) is that free speech and free press protections have priority, and lawsuits for libel and slander and prosecutions for criminal advocacy will curb the effect of defamation and untruths.
		Most other nations permit prior restraint by court order or police action when the material appears to be defamatory (hurtful lies), salacious (nasty), or "improper, mischievous, or illegal" (in the words of Sir William Blackstone).
	dictionary.law.com /definition2.asp?selected=1606&bold=\|\|\|\| (106 words)

	Freedom of Speech - MSN Encarta
		Freedom of Speech, freedom of expression, both oral and written, from governmental prior restraint, except as such expression constitutes libel, slander, obscenity, sedition, or criminal conduct such as bribery, perjury, or incitement to riot.
		As with other forms and modes of liberty, completely unrestricted freedom of expression leads to infringement on the rights of others, and it has long been recognized that restraints on liberty of utterance are necessary and inevitable.
		The nature and extent of the restraints to be imposed and the means by which they are enforced have constituted important problems in law and government.
	encarta.msn.com /encyclopedia_761554658/Freedom_of_Speech.html (616 words)

	Prior Restraint: The Legacy of the Spectrum, Communications Policy as Censorship
		The framers of the US Constitution were amazingly foresighted and courageous in shifting the burden of proof to those who wished to restrict free speech and in disallowing prior restraint.
		It imposes severe prior restraint on the ability to communicate and denies us the economic benefit of the medium.
		Having accepted this unwarranted limitation on free speech it should be surprising that the FBI and other agencies view it as their right to listen in on our communications and view those who thwart such intrusions with suspicion.
	www.frankston.com /public/writing.asp?name=spectrumlegacy (2016 words)

	ESPNMAG.com - Prior restraint
		Prior could be pitching seven innings of shutout ball, he could have 14 strikeouts, but Kimm will have to grab the ball from his prized hurler.
		That's because Mark Prior is the Northside Messiah.
		Not only does a healthy Prior give them a down payment on success in the future, but he also helps reel in some extra scrill now -- the Cubs pawn his autographed baseballs for $89.95 on their Web site.
	espn.go.com /magazine/latack_20020712.html (681 words)

	New York Times v. United States, (1971)
		But the First Amendment tolerates absolutely no prior judicial restraints of the press predicated upon surmise or conjecture that untoward consequences may result.* Our cases, it is true, have indicated that there is a single, extremely narrow class of cases in which the First Amendment's ban on prior judicial restraint may be overridden.
		I believe that the judgment of the United States Court of Appeals for the District of Columbia Circuit should be affirmed and the judgment of the United States Court of Appeals for the Second Circuit should be reversed insofar as it remands the case for further hearings.
		Senator Ashurst also urged that "freedom of the press" means freedom from the restraints of a censor, means the absolute liberty and right to publish whatever you wish; but you take your chances of punishment in the courts of your country for the violation of the laws of libel, slander, and treason." 55 Cong.Rec.
	www.lectlaw.com /files/case25.htm (12507 words)

	firstamendmentcenter.org: Press Topic - FAQs
		A prior restraint is a legal restraint on material before publication.
		In theory, the protection against prior restraint applies to all speakers.
		The second way is by prior restraint; i.e., to issue a court injunction against engaging in particular speech " publishing the Pentagon Papers, for example."
	www.firstamendmentcenter.org /press/topic_faqs.aspx?topic=prior_restraint (378 words)

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