# Prior restraint

Published 2026-09-22. Last reviewed 2026-09-22. 3 sources.

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. https://www.law.cornell.edu/wex/prior_restraint (Cornell Law School, Legal Information Institute).
2. Trump, the media, and the ghost of the Pentagon Papers. https://foreignpolicy.com/2025/01/08/trump-media-nixon-pentagon-papers/ (Foreign Policy, 2025-01-08).
3. New York Times Co. v. United States, 403 U.S. 713 (1971). https://supreme.justia.com/cases/federal/us/403/713/ (Justia US Supreme Court Center, 1971-06-30).

Source page: https://thewaronnews.com/glossary/prior-restraint. The War On News, CC BY 4.0.