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.

  1. piglets

    Another ‘ag-gag’ law struck down as a First Amendment violation, yet several states still have them in place

    Prior RestraintArticle

    Despite a long history of journalists going undercover to investigate and shed light on secretive industries like the animal agriculture industry, several states have statutes—commonly known as ‘ag gag’ laws—that criminalize reporting on animal abuse at farms. Last Wednesday, a federal judge ruled Iowa’s such law unconstitutional on the grounds …

  2. Riot police in Washington, D.C. during the protests of President Donald Trump's inauguration on January 20, 2017.

    Prosecuting journalists who covered Inauguration Day protests endangers press freedom and the First Amendment

    Arrests/ProsecutionsArticle

    Two journalists still face charges and potentially decades in prison for covering Inauguration Day protests in Washington D.C. The continued prosecution of Aaron Cantú and Alexei Wood for doing their jobs is outrageous, and the U.S. Attorney should immediately drop its charges against these journalists.The Freedom of the Press …