Prior Restraint
Definition
Prior restraint refers to government action that prohibits speech or other forms of expression before they can take place.
Analogy
Think of prior restraint like a movie spoiler. Just as a spoiler prevents you from experiencing the surprise in a movie, prior restraint stops you from expressing your thoughts before you even get the chance to share them.
Related terms
Censorship: This is the suppression or prohibition of any parts of books, films, news, etc. that are considered obscene, politically unacceptable, or a threat to security.
First Amendment: This is an amendment to the United States Constitution that protects freedom of speech, religion and press.
Injunction: A court order requiring an individual to do or not do specific actions.
"Prior Restraint" appears in:
Study guides (1)
Practice Questions (6)
What is prior restraint?
The Supreme Court ruling in New York Times Co. v. United States (1971) established a "heavy presumption against prior restraint" which means that the government must:
Which is an example of prior restraint?
What does the term "prior restraint" refer to in the context of First Amendment jurisprudence?
What is "prior restraint" as it relates to freedom of press in America?
How does Prior Restraint differ from Content Neutrality in terms of First Amendment guarantees?
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