Prior Restraint in Gov: Definition & Limits


Prior Restraint in Gov: Definition & Limits

Governmental restriction on expression before it takes place is a concept with significant implications for freedom of speech and the press. This action, which involves censoring or preventing communication before it reaches the public, stands in contrast to subsequent punishment after publication. For example, an executive agency might attempt to halt the printing of a newspaper article critical of its policies before the article becomes available to readers.

The avoidance of such preventative measures is a cornerstone of many democratic societies. The rationale behind this protection stems from the belief that open discourse and the free exchange of ideas are essential for a well-informed citizenry and a functional government. Historically, limitations on expression have been used to suppress dissent and maintain authoritarian control. The principle against preemptive censorship aims to prevent such abuses, fostering a climate where diverse opinions can be voiced without fear of reprisal before dissemination.

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