Define: Prior Restraint

Prior Restraint
Prior Restraint
Definition Sources
Quick Summary of Prior Restraint

Prior restraint refers to government actions that prohibit speech, expression, or publication before it occurs, as opposed to punishing it after the fact. It involves restrictions imposed on individuals or the media by government authorities, typically in the form of censorship or licensing requirements. Prior restraint is generally viewed with skepticism in democratic societies because it can stifle free speech and freedom of the press, which are fundamental rights. Courts often scrutinize prior restraint measures closely, and they are usually only permitted in limited circumstances, such as national security concerns or preventing imminent harm. Overall, prior restraint raises significant constitutional and ethical concerns regarding the balance between freedom of expression and government regulation.

What is the dictionary definition of Prior Restraint?
Dictionary Definition of Prior Restraint
n. an attempt to prevent publication or broadcast of any statement, which is an unconstitutional restraint on free speech and free press (even in the guise of an anti-nuisance ordinance). Stemming from the First Amendment to the Constitution, the ban on prior restraint allows publication of libel, slander, obvious untruths, anti-government diatribes, racial and religious epithets, and almost any material, except if public security or public safety is endangered (false claim of poison in the reservoir or exhortation to commit a crime like a lynching) and some forms of pornography. The theory, articulated by the U.S. Supreme Court in Near v. Minnesota (1931) is that free speech and free press protections have priority, and lawsuits for libel and slander and prosecutions for criminal advocacy will curb the effect of defamation and untruths. Most other nations permit prior restraint by court order or police action when the material appears to be defamatory (hurtful lies), salacious (nasty), or "improper, mischievous, or illegal" (in the words of Sir William Blackstone).
Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/prior-restraint/
  • Modern Language Association (MLA):Prior Restraint. dlssolicitors.com. DLS Solicitors. April 23, 2024 https://dlssolicitors.com/define/prior-restraint/.
  • Chicago Manual of Style (CMS):Prior Restraint. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/prior-restraint/ (accessed: April 23, 2024).
  • American Psychological Association (APA):Prior Restraint. dlssolicitors.com. Retrieved April 23, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/prior-restraint/
Definition Sources
Previous Definition
Next Definition