The case for ignoring censorship orders
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.
One of the most fascinating aspects of Glenn Greenwald’s journalism is the way it provokes various people who think of themselves as journalists to reveal their actual priorities. I wrote about this at length last week in a response to Michael Kinsley’s non-review review of Greenwald’s new book, No Place …
You'd be hard-pressed to find a better example of the government’s ludicrous approach to secrecy than a current case before the Ninth Circuit Court of Appeals challenging the constitutionality of National Security Letters. For almost two months, the government and Court of Appeals have teamed up to prevent a group …