|
|
|
|
Dictionary of Law |
prior restraint :: legal definitionPrior 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 Law Termsclear and present danger :: n. the doctrine established in an opinion written ... together of a lynch mob (assembly).defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |