The Pentagon Papers Case—David Rudenstine on its Meaning a Half Century Later

"The Pentagon Papers case affirms fundamental values and principles. Truth matters— facts matter. The role of the press in the American governing scheme is to serve the 'governed' and not the 'governors.' The protection of a 'cantankerous press, an obstinate press, a ubiquitous press' is essential to a vibrant and strong American democracy. That is the profound and enduring meaning of the case," Cardozo Law Professor David Rudenstine writes.

DOJ Abandons Pre-Publication Review Lawsuit Against John Bolton

The Department of Justice has dropped lawsuit against former National Security Adviser John Bolton over his memoir, “The Room Where It Happened.” The agency originally claimed the memoir contained confidential information, and had requested a court order blocking the publisher from distributing copies of the book.

Teacher Guide: Prior Restraints—The Most Egregious Violation of First Amendment Rights

The most fundamental violation of freedom of the press is considered to be a prior restraint—an order issued by a court that prohibits the publication or broadcast of material that in some way is deemed especially harmful. Prior restraints have come up in many different contexts, including permits for demonstrations and ratings for movies. In this guide, however, we focus on two of the most important areas—where publication of information may endanger national security and where it may harm a defendant’s right to a fair trial under the Sixth Amendment. 

Federal Judge Orders Cohen’s Release, Says He Was Punished For Planned Book

A federal judge orders Cohen to be released after finding that the purpose of his re-imprisonment was in retaliation for his plans to criticize Trump. Prior to being put back in prison, Cohen was pressured into signing an agreement that would have relinquished his First Amendment rights.

ACLU Petition Says Cohen Imprisoned in Retaliation for Planned Book About Trump

According to the petition, Cohen was asked to sign a form agreeing not to publish the book as a condition of his release. His lawyers and the ACLU are asking the US District Court for the Southern District of New York for his immediate release into home confinement.

Judges Challenge Policy Limiting Their Ability To Speak Publicly about Immigration

Represented by the Knight First Amendment Institute, the judges allege that the new policy amounts to an unconstitutional prior restraint. "There is an ongoing national debate about the wisdom and fairness of recent changes to immigration laws," the complaint says. "Immigration judges have unique insights to contribute to this discussion."

Judge Temporarily Blocks Publication of Trump’s Niece’s Book

The decision has been met with push back by press advocacy groups who argue that the book is of  "immense public interest" and should proceed without interference.

Roger Stone Claims The Gag Order Imposed on Him and His Family Is a Prior Restraint

Roger Stone, former advisor to Donald Trump, has filed a petition with the United States Court of Appeals for the […]