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Article: Prior Restraint
- Article from:
- West's Encyclopedia of American Law
CopyrightCOPYRIGHT 2005 The Gale Group, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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PRIOR RESTRAINT
Government prohibition of speech in advance of publication.
One of the fundamental rights guaranteed by the first amendment to the U.S. Constitution is the freedom from prior restraint. Derived from English common law, the rule against prior restraint prohibits government from banning expression of ideas prior to their publication. The rule against prior restraint is based on the principle that freedom of the press is essential to a free society. Attempts by government to obtain a prior restraint have largely been unsuccessful.
The rule against prior restraint was undisputed for much of U.S. history. The landmark case of near v. minnesota, 283 U.S. 697, 51 S. Ct. 625, ...