Prior restraint

A government action that blocks speech or publication before it occurs, rather than punishing it afterward, as in the Pentagon Papers case. The Supreme Court held that "any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity" in New York Times Co. v. United States (1971).

Sources

1. Prior restraint archived copyCornell Law School, Legal Information Institute. Source record
2. Trump, the media, and the ghost of the Pentagon Papers archived copyForeign Policy, 2025-01-08. Source record
3. New York Times Co. v. United States, 403 U.S. 713 (1971)Justia US Supreme Court Center, 1971-06-30. Source record