Dictionary of Law
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prior restraint :: legal definition


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 Law Terms

clear and present danger :: n. the doctrine established in an opinion written ... together of a lynch mob (assembly).
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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

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Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain 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.