Wikileaks is Back in Business Mar 5, 2008
Indeed, Judge White, who has come under intense immense pressure from this constituency in the U.S., was forced to concede that the shutdown did raise "serious questions of prior restraint (on speech) and possible violations of the First Amendment.". Some days ago, Julius Baer & Co distributed a press statement claiming that, on the contrary, the leaking of documents harmed privacy rights. (PC World)
A Disquieting Victory for Wikileaks Mar 4, 2008
Since issuing the Feb. 15 ruling, White had weathered a hailstorm of criticism from public interest and media organizations, who denounced the order as an unconstitutional prior restraint on free speech and warned it could have a "chilling effect" on other organizations, who might become wary of facing similar suits if they chose to publish or host controversial material. Those critics also said the ruling could set a dangerous precedent for the Internet, a new frontier in the battle over free... (Time.com)
Wikileaks Ruling Leaves Big Questions Unanswered Mar 3, 2008
org raised serious questions of unjustified prior restraint on free speech, and that in any event, once the documents were online, the court might well be powerless ... The doctrine against prior restraint arose in the mid 20th century, to balance the influence of one powerful elite against another: the power of the few in the publishing business, who informed the many, versus the power of the few with wealth and privilege, whose claims to privacy should rightfully be reduced, because their... (New York Times)
Judge: Wikileaks Can Re-Open Mar 2, 2008
At a court hearing in San Francisco, White said he had "serious questions" about whether the legal measures sought by the bank "would be constitutionally approriate" and whether they constituted prior restraint by the government. He also cited "possible violations of the First Amendment.". (Time.com)
Judge Says Wikileaks Site Can Have Its Web Address Back Mar 1, 2008
The judge had made a sweeping, unconstitutional order of prior restraint that in addition was totally ineffectual and unenforceable. The purpose of the judge s order was not unlike the action taken by the Pakistani government to block YouTube and prevent blasphemous material from sullying and inflaming the minds of devout Muslims. (New York Times)
Judge reverses ruling in Julius Baer leak case Mar 1, 2008
U.S. District Judge Jeffrey White reversed his February 15 order after hearing arguments by attorneys from the American Civil Liberties Union and other free-speech groups that his decision amounted to unconstitutional prior restraint. "There are serious questions of prior restraint and possible violations of the First Amendment," White ruled from the bench in his San Francisco courtroom. (ABC News -- Wire)
The Fragile State Of Internet Freedom Mar 1, 2008
Meanwhile, Wikileaks' lawyers were preparing an attack on the court's order as a "prior restraint" of speech, analogous to the 1971 Pentagon Papers case. Lots of luck. (Forbes)
SF judge dissolves his Wikileaks injunction Mar 1, 2008
Such decrees raise "serious questions of prior restraint (on speech) and possible violations of the First Amendment," White said. He also said federal courts may lack jurisdiction over the case because the bank has failed to show that Wikileaks, or anyone responsible for its operations, is based in the United States. (San Francisco Chronicle)
Stifling online speech Feb 22, 2008
That was a "prior restraint" on speech, something the courts almost always find violates the First Amendment. Much of the law governing the Internet remains unsettled. (International Herald Tribune -- Ed/Op)
Wikileaks Site Has a Friend in Sweden Feb 21, 2008
Murph, #27, raises an excellent point on the doctrine of no prior restraint. However, I m curious as to how well that applies to internet publication. (New York Times)
A Coming Chill Over Internet Freedom? Feb 21, 2008
Internet experts have denounced the ruling as an unconstitutional "prior restraint," the legal term for limiting freedom of the press by preventing publication. The Wikileaks case is "prior restraint of the most extreme nature," says David Ardia, director of the Citizen Media Law Project at Harvard Law School, because the ruling suppressed not only the document in question, but what Wikileaks says is a trove of more than 1 ... "There is a strong presumption under U.S. constitutional law that any... (Time.com)
Web Site 'Wikileaks' Shuttered Over Post Feb 20, 2008
Wikileaks said in a statement that shutting down the entire Web site instead of narrowly ordering the removal of the disputed materials amounts to unconstitutional "prior restraint" by the government of an entire publishing organization. Wikileaks vowed to continue publishing the bank's documents on its other Web sites hosted by companies outside the United States. (ABC News -- Wire)
Attorney general: DSS has no case against legal aid lawyers Feb 20, 2008
His denial of the request by DSS Commissioner Michael Starkowski also came with a sternly worded lecture about First Amendment protections, the almost certain failure of government bids to impose "prior restraint" on free speech, and the "chilling" effect of such actions on public interest lawyers. Starkowski two weeks ago asked Blumenthal to authorize DSS to retain private lawyers at the state's expense to take "appropriate legal action" against Sheldon V. Toubman of New Haven Legal Assistance,... (Journal Inquirer, CT)
'Wikileaks' site shut down over documents Feb 20, 2008
Wikileaks said in a statement that shutting down the entire website instead of narrowly ordering the removal of the disputed materials amounts to unconstitutional "prior restraint" by the government of an entire publishing organization ... "This is a prior restraint in the most extreme fashion," Ardia said. (USA Today -- Tech)
Justices order revisions to injunction against Butte radiologistPosted on Feb. 14 Feb 15, 2008
The District Court ordered that the injunction against Cole be made permanent in January 2007, and Cole appealed, arguing the injunction amounted to an unconstitutional prior restraint on his right to free speech. In its decision Wednesday, the high court upheld most of the injunction as written, including sections barring Cole from coming within 250 feet of Chacko and from calling, writing or coming into contact with her, her supervisors, or any member of Boston University, either directly or... (Missoulian, MT)
Obscenity: In the Eyes of the Beholder? Feb 6, 2008
He also said they improperly seized the posters without a search warrant, which constitutes prior restraint, which is barred by the Constitution. "In a free country, we don't limit what people can view, watch or read by what is acceptable to minors," said Walters. (ABC News -- Business)
Who decides who'll be allowed on TV debates? Jan 25, 2008
It said that courts have no power to require broadcasters to grant equal access to diverse viewpoints and that the judge's threat to cancel the debate if Kucinich were excluded would amount to an unconstitutional prior restraint on freedom of the press. The bottom line: Debates, the public's sole opportunity to see competing candidates in a neutral setting, are the prerogative of the sponsoring organizations - typically, these days, the news media - which set the criteria and have free rein to... (San Francisco Chronicle)
Creationists launch 'science' journal Jan 24, 2008
They are in good company with other god-believers", like suicide bombers who are promised their place in heaven...by fellow men. 23 Jan, 2008 Posted by: Geoff Lawrence I'm Irish, and I really don't understand the evolution / creation divide in schools in America. Evolution belongs in science classes. Creation belongs in religion classes. Simple! What's the big deal? 23 Jan, 2008 Posted by: Siobhn Mooney I think it important to note that the ARJ sets a unique prior restraint for its... (Nature News Service)
From the Back Porch: Foreclosures becoming numerous Jan 17, 2008
Beauregard Daily News. Thursday, January 17, 2008. (DeRidder Beauregard Daily News, LA)
Court Allows MSNBC to Bar Kucinich Jan 16, 2008
The state Supreme Court's unanimous order said that blocking the debate unless Kucinich got to participate would be "an unconstitutional prior restraint" on the news network's First Amendment rights ... FCC broadcast rules do not apply to cable TV networks, Campbell said, adding that forcing MSNBC to add Kucinich or not broadcast the debate amounted to prior restraint and would be a "clear and unequivocal" violation of First Amendment press freedom. (Newsmax)
National park filming rules raise censorship issues Dec 17, 2007
"Requiring a license amounts to prior restraint on journalists.". Rahall said the proposed regulations were just another example of the "hostility" the administration has shown toward open government. (Anchorage Daily News)
Enjoy the games, while we still can Dec 14, 2007
Of course, there is the question of prior restraint, and censorship. Denying a photo pass because you think a photographer might sell photos taken that day has at least somewhat dubious legal standing, as, according to the IPA's lawsuit, does the IHSA's contention that they can provide unfettered access - and the ability to sell - to one private company, while banning all others from the same. (Harrisburg Daily Register, IL)
We're All Journalists Now Dec 3, 2007
The legal term for what she did is prior restraint. Ever since the Pentagon Papers case in 1971, it's been (with extreme cases of national security being the only possible exception) a big and obvious no-no. (Boston Globe)
Clayton sheriff sued over First Amendment rights Nov 21, 2007
Clayton sheriff faces federal lawsuit Former deputy calls Hill's media policy 'prior restraint and censorship ... The suit alleges the policy is prior restraint and censorship. (Atlanta Journal-Constitution)
Press association sues IHSA over photo rights Nov 3, 2007
The lawsuit alleges that the IHSA rules trying to limit secondary use of photos by a newspaper and allowing a private party to have unfettered access amount to prior restraint of the media s free press rights. Two messages left for an IHSA spokesman went unreturned Thursday. (Marion Daily Republican, IL)
Newspapers sue IHSA Nov 3, 2007
Such requirements amount to prior restraint of the media s free press rights, the lawsuit claims. It s very clear what this is about, said David L. Bennett, executive director of the IPA. After a century of supporting and promoting local school sports, newspapers have helped develop a market that the IHSA now wants for itself. (Princeton Bureau County Republican, IL)
More of this story Oct 8, 2007
There are also grave concerns about the decision by Superior Court Judge Merita Hopkins to bar a news organization from airing the details of the autopsies in clear violation of legal precedent banning prior restraint of media outlets. The results of the autopsies, which are not considered public documents, reportedly show that Cahill, a father of three, had a blood alcohol content of. (Patriot Ledger, MA)
Court allows station to broadcast story Oct 5, 2007
Michael T. Gass, the station's lawyer, contended on the station's behalf that Hopkins's order was an unconstitutional prior restraint on the station's exercise of its First Amendment rights to free speech. Johnny Diaz of the Globe staff contributed to this report. (Boston Globe)
Boston judge lets newspapers report on sensational story but pulls plug on TV coverage Oct 5, 2007
Lawyers for the TV station say this is prior restraint. But since the order applied only to the TV station two Boston newspapers were able to break the story that the autopsies revealed one of the firefighters was legally intoxicated and the other had cocaine in his system. (Fox News)
Firefighters' autopsies show drugs, alcohol, two officials say Oct 4, 2007
"It's a prior restraint case.". Prior restraint refers to a government ban on publication or broadcasting before it takes place ... Perhaps the most famous prior restraint case in US history was the Pentagon Papers case, in which the Nixon administration sought unsuccessfully to block the New York Times and Washington Post from publishing excerpts of a top-secret archive on the history of American involvement in the Vietnam War. (Boston Globe)
supress the information. Oct 4, 2007
"Its not a privacy case. Its a prior restraint case," she said. Hopkins said, "I reject the prior restraint argument. Even if it was judged a prior restraint on free speech, it's justified in this case.". (Allston Brighton TAB, MA)
Boy accused of fire that killed 5 leaves detention Oct 2, 2007
The Associated Press had filed a challenge with the court, arguing that the rule against use of the defendants name is an unconstitutional prior restraint on speech. Both the U.S. Supreme Court and Ohio Supreme Court have ruled numerous times that what the judge proposes to do is forbidden, said Dave Tomlin, associate general counsel for the AP.. (MSNBC -- Crime)
Scaife demands records from Post-Gazette Sep 23, 2007
"That effort is newsworthy in and of itself. As we will advise the court, such a prior restraint would be a clear violation of the First Amendment and of press prerogatives and freedoms that all newspapers cherish. In the meantime, we have posted the most significant of those documents on our Web site and will continue to evaluate whether additional postings should be made." ... Mr. Scaife's filing "appears to strike at the heart of the First Amendment by attempting to impose a prior restraint... (Pittsburgh Post-Gazette, PA)
Adult club readies nudity case for Supreme Court Sep 14, 2007
He said the issue he and the other attorneys will argue is prior restraint of free speech, which is guaranteed by the First Amendment. He said that to use prior restraint, jurisdictions must prove that the speech could be harmful. (Daytona Beach News Journal)
Frankensteins Born of McCain-Feingold Sep 4, 2007
Threats of coerced silence chill uninhibited political debate and undermine the very purpose of the First Amendment ;Prosecutors must not use the threat of a punitive lawsuit, amounting to an unconstitutional prior restraint on free speech, to block political opponents from exercising their constitutional rights. Another important victory for political speech came in the June ruling by the Supreme Court in Federal Election Commission v. Wisconsin Right to Life, Inc. that parts of McCain-Feingold... (Human Events Online)
I Dont CAIR if Muslims are Offended Aug 8, 2007
For those of you who follow option #1 or #2, there are a few questions you should ask Mr. Sandler: What exactly are the false and defamatory statements made by Spencer that would justify the prior restraint of free speech ... For those of you who follow option #1 or #2, there are a few questions you should ask Mr. Sandler: What exactly are the false and defamatory statements made by Spencer that would justify the prior restraint of free speech. (Townhall.com)
Jihad Watch Director and YAF Defy CAIR Aug 8, 2007
"I've been running this conference for 29 years and I've never had anyone try to exercise prior restraint of a speaker," he said. "To say in vague terms they object to a speaker without specifically outlining what those objections are speaks to a lack of professionalism in their organization.". (CNSnews.com)
Privilege's limits Jul 31, 2007
Those newspapers won a historic battle at the Supreme Court, beating back the executive branches' effort to impose a "prior restraint" against publication. However, the Department of Justice tried to make a post-publication criminal case against the leaker as well as the newspapers. (Boston Globe)
writes Grim of BlackFive.net Jul 25, 2007
What the guild doesn't like the curtain pulled back on is the entire concept of freedom of "the press" since even journalistic histories note that it meant free access to a/the press (no prior restraint) and not to a class of individuals or organizations. As has been noted on this site before, "the press" as a select group came out of the meatpacking scandals of early last century, and was firmly wrapped around the media technology and costs of same as they existed then. (Harper's Magazine)
It Depends on the Meaning of ‘Rape’ Jul 20, 2007
In a bizarre case of prior restraint, Lancaster County District Judge Jeffre Cheuvront has banned certain words and phrases from the trial on the grounds that they could be prejudicial to the defendant. Those terms include rape, assailant, victim, sexual assault, and sexual assault kit. (Human Events Online)
County sued for nude dancing law Jul 5, 2007
Hubert Ray Fountain alleges the county's adult entertainment ordinance, adopted in May, "is an unconstitutional prior restraint" violating both the U.S. Constitution and Georgia Constitution "because it grants the government unbridled discretion in granting a license.". It also does not specify the time frame for reviewing a license application, according to the complaint filed by Mike Cummings. (Clayton Tribune, GA)
Valuing Speech Jun 24, 2007
The theory is that government supervisors have such unbridled power of prior restraint on speech in the name of protecting order and decorum that they can nullify the First Amendment by declaring that even the mild text of the GNEA flier is inherently disruptive. The flier supposedly violated the city regulation prohibiting ``discrimination and/or harassment based on sexual orientation. (Townhall.com)
Times denied access to news conference; dispute over unrelated story prompts District Attorney to shut out newspaper Jun 19, 2007
"Our duty is not to allow any public official to exercise prior restraint, which is a fancy way of saying 'We are not going to permit anyone to tell us what and when we can publish.' ". Levikow said it has not been decided if the newspaper will continued to be barred from news conferences or information from the district attorney's office. (North County Times)
Judge sides with N.J. paper May 27, 2007
Judge Harriet Klein on Friday said the city's attempt to keep The Star-Ledger of Newark from releasing report details was a "textbook example" of prior restraint, a practice U.S. courts have continually ruled against. "The gagging of a publication is considered acceptable only in the most exceptional of circumstances," Klein said. (Newsday -- New York City)
Reader's Alley May 21, 2007
Jefferson High s promise to review plays before their showing is nothing less than prior restraint, and a clear violation of the 1st Amendment. Censorship in our schools only teaches students not to ask questions and to obediently accept an imposed moral standard, exactly the opposite of what education should be. (Helena Independent Record)
Curbs on satellite photos may be needed May 9, 2007
"If the area they are trying to protect is too broad, then surely there would be some news organization that will take them to court on prior restraint or some other freedom-of-the-press infringement.". "If the area that is being protected is too narrowly defined, you are giving away the secret location," Pike said. (Houston Chronicle)
State looks to pull anti-Bush license plate May 6, 2007
" chimp wrote on May 05, 2007 8:31 AM:"That is certainly prior restraint. The state is using its position to chill expression of dissent. (Rapid City Journal, SD)
Broadcasting & Cable Apr 29, 2007
They are calling it a prescription for prior restraint. ABC won the primetime Nielsen overnight ratings in the 18-49 demo with a 5. (Variety)
WiFi filters raise worries of city censorship Apr 27, 2007
"A bunch of programmers working to express their personal prejudices through filtering patterns are not only creating prior restraint on speech, but they are creating dumb, indiscriminate, inaccurate prior restraint on speech," he said. "It's a remarkably stupid idea," he continued, " to hire human beings to review the whole 'Net and accurately separate the good pages from the bad ones. Might as well count all the grains of sand on the beach using your fingers.". (Boston University Daily Free Press, MA)
Tequesta gets win in fight over oath Apr 27, 2007
To fight for his seat, Dalack filed a lawsuit in federal court last April, charging that the oath placed a "prior restraint" on his right to free speech. In May, U.S. District Judge Donald Middlebrooks ruled against him and Dalack later appealed. (The Palm Beach Post)
Cal Supreme Court bars woman from talking trash about tavern Apr 27, 2007
"An injunction issued following a trial that does no more than prohibit the defendant from repeating the defamation is not a prior restraint and does not offend the 1st Amendment," the majority ruling said. Bar owner Aric Toll said he was happy with the decision because Lemen's comments have "caused us a great amount of harm."Toll said Lemen told others that he had Mafia connections and had attempted to kill her. (Fresno Bee -- State)
State supreme court moves to limit speech Apr 27, 2007
The dissenters in the 5-2 ruling warned that the court was authorizing a prior restraint on free speech, a legal concept rooted in English common law ... "An injunction issued following a trial that does no more than prohibit the defendant from repeating the defamation is not a prior restraint and does not offend the 1st Amendment," Justice Carlos R. Moreno wrote for the majority ... The concept of prior restraint came into the public lexicon with such major cases as the Pentagon Papers and... (Los Angeles Times)
MSU police deny accusations Apr 23, 2007
You must be able to be challenged in a way that is free of intimidation, disruption or prior restraint. " On Friday, the students listed six demands, including removal of charges, compensation for victims, a public apology from the university and police, and removal of YAF and the MSU College Republicans. "We refuse to back down until we receive all of those demands," interdisciplinary studies and community relations junior Ileana Cortez said Friday. Dunlap also said he refuses the claims that... (The State News, MI)
The Schoolhouse Door Mar 22, 2007
Ray Schlather, the students' lawyer, argues, "All of a sudden these new policies were imposed by this principal which constitutes a high degree of prior restraint, which is offensive to the First Amendment." Ithaca High School students have always had final say concerning the editorial content of the Tattler, and by imposing guidelines now the administration is interfering with the students' historic right to freedom of the press. Whether Hazelwood applies, and if Ochshorn vs. the Ithaca City... (Ithaca Times, NY)
Gagging rowHow the injunction became the story in cash-for-honours case Mar 7, 2007
You don't have prior restraint, which is a notion which went out in the 18th century ... "Well that's fine, that's the kind of risk we normally take. That's the British legal principle - you publish and you're damned. But you're prosecuted after publication. You don't have prior restraint, which is a notion which went out in the 18th century.". (BBC News -- UK)
British Court Lifts Ban Over BBC Report on Campaign Scandal Mar 7, 2007
In this country there is a well-established principle that the state cannot exercise prior restraint on newspapers. . (The Ledger)
Injunction on BBC report lifted Mar 7, 2007
The Guardian's position is based on the principle that the state should not exercise prior restraint on newspapers. The paper believes that if publication is in contempt of court - that is, if there is a risk of serious prejudice to a trial in the cash-for-honours case - then the attorney general's recourse would be to prosecute the paper for that offence, after the story appears in print. (Guardian Unlimited)
Leader: The right to know Mar 7, 2007
Prior restraint is a dangerous enough concept without inventing secret prior restraint. The consequence of the Guardian's decision is that information which was in the hands of some members of the media is also now in the hands of the public. (Guardian Unlimited)
- Alan Rusbridger Mar 7, 2007
Prior restraint is a dangerous enough concept without inventing secret prior restraint ... It won't be the last time someone tries to use prior restraint. (Guardian Unlimited)
Levy 'was subject of gagged email' Mar 6, 2007
"The story was well-sourced and clearly in the public interest. In this country there is a well-established principle that the state cannot exercise prior restraint on newspapers.". Downing Street - which had earlier denied suggestions that it had leaked information about the inquiry - said it would not comment. (Independent)
No 10 aide's 'concern' over Levy Mar 6, 2007
"The story was well sourced and clearly in the public interest. In this country there is a well-established principle that the state cannot exercise prior restraint on newspapers.". The Metropolitan police said: "We are concerned that these matters are being aired publicly as we believe it has the potential to undermine the investigation.". (Guardian Unlimited -- UK)
Judge refuses to gag the Guardian Mar 6, 2007
In this country there is a well-established principle that the state cannot exercise prior restraint on newspapers ... "Secret orders and prior restraint on the press have no place in an open society.". (Guardian Unlimited)
School contract leaves bruises Feb 28, 2007
It's an unwarranted and probably unconstitutional prior restraint on a group of public employees. Copyright 2007 Globe Newspaper Company. (Boston Globe)
READ MORE > Feb 25, 2007
There is a paper adviser, but Wolfgang said, university personnel have "no ability to decide what we are going to run, don't use prior restraint on anything that they might see... We are left alone. We can go to them for advice, but for the most part we are strictly autonomous.". Sarah Gloden, College of Fine Arts assistant dean and Volante adviser, said "our students work incredibly hard at producing a newspaper that is accurate, relevant, fair and balanced.". (Sioux City Journal)
CONTROVERSIAL POSTER APPROVED, PUT BACK Feb 17, 2007
He also thought that it was prior restraint to make a poster go through an approval process. By late Thursday, the school had approved the poster and Mark and Keosha put it back up on Friday morning. (Gridley Herald, CA)
