Prior Restraint

The New York Times resumed publication of its series of articles based on the secret Pentagon papers in its July 1, 1971 edition, after it was given the green light by the U.S. Supreme Court. (AP Photo/Jim Wells)

AP Photo/Jim Wells

Bars on publication, also known as prior restraints, are a serious violation of free speech.

The First Amendment forbids nearly all orders barring the press from publishing information, also known as prior restraints. But that doesn’t stop the government from trying.

For nearly 100 years, the Supreme Court has consistently rejected prior restraints on the press, including in its famous decision in the Pentagon Papers case. But lower courts and government officials continue to violate the Constitution by trying to gag the press from publishing, withholding vital information from the public. Prior restraints are antithetical to press freedom and must be stopped.