Prior restraints prevent material from ever reaching the public, a serious step that diminishes the marketplace of ideas and the well of information that informs citizens in a self-governing society. Under the First Amendment, the Supreme Court has developed a very high barrier for the government to secure such a restraint.
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.
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.
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."
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, former advisor to Donald Trump, has filed a petition with the United States Court of Appeals for the […]