Prior Restraints

Judge Refuses to Enforce Prior Restraint Against EFF

Judge Refuses to Enforce Prior Restraint Against EFF

November 17, 2017: Federal Judge Says Australian Court Cannot Tell US-based EFF To Take Down Article A federal judge ruled that an order issued by an Australian court to take down an article published by the Electronic Frontier Foundation could not be enforced in the United States. EFF had published a story on June 30, 2016 that featured the Global[Read More…]

November 19, 2017 Censorship, Prior Restraints, Top Stories
United States Supreme Court Building

Prior Restraint

Prior restraints go at least as far back as 16th century England, when invention of the printing press made it possible to spread dissent and new ideas widely. Such publications could pose a threat to the Crown or accepted religious doctrine, so Henry VIII instituted a system of licensing and censorship to control the spread of ideas. The licensing and[Read More…]

September 11, 2017 Legal Cases, Prior Restraints
Can Journalists Be Silenced?

Can Journalists Be Silenced?

The most serious violation of First Amendment rights is considered to be prior restraints—judicial orders to stop publication of material in advance through the issuance of an injunction. With a prior restraint, ideas and news never see the light of day and so never enter the marketplace of ideas. Prior restraints are heavily disfavored and are assumed to be unconstitutional[Read More…]

April 1, 2017 Censorship, Prior Restraints