Prior Restraint Flashcards
1
Q
defined
A
any govt action that stops speech before its communicated
2
Q
two types
A
- Licensing
2. Injunctive Relief
3
Q
Licensing
A
Can be constitutional if properly drafted?
Govt has burden of proving:
1. provide you with opp to go to court and challenge
2. promptness must be fair (DP)
4
Q
Injunctive Relief
A
Presumed to be unconstitutional. Govt can overcome by military reasons, or clear public danger.
5
Q
Injunction - Against newspaper
A
Court will not allow…
6
Q
Injunction - TPM
A
TPM allowed
7
Q
Rule
A
Prior restraints on speech are presumptively invalid
