Prior Restraint
/ˈpraɪər rɪˌstreɪnt/
Definitions
- (n.) A government or authority’s prohibition on speech or publication before it occurs, typically subject to strict judicial scrutiny under the First Amendment in U.S. law.
The Supreme Court ruled that the law constituted an unconstitutional prior restraint on the press.
Forms
- prior restraints
Related terms
Commentary
Prior restraints are heavily disfavored in U.S. constitutional law and require an extraordinary justification, distinguishing them from subsequent punishments.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.