Friday, August 22, 2014

Prior Restraints



CLICK for 15-minute excerpt
PRIOR RESTRAINT NEWS: See this outrageous story about a gag order against a young journalist and open-government advocate:  Barrett Brown Can't Talk About Why the Government Wants to Jail Him 100 Years

After the overview sections "How Law Is Made" and "The First Amendment," the first substantive section we'll tackle is Prior Restraints.

This doctrinal line of cases started with the breakthrough case of Near v. Minnesota (1931). (That's the Wikipedia entry.)

Please read this overview of this issue by the First Amendment Center: Prior Restraints

We will discuss the issues in the second, third and fourth links as subsets, or types, of prior restraints. Think about how they are related:

Gag Orders

People in the Courtroom
 
Cameras in the Courtroom

How do these act as prior restraints? How are prior restraints patently different than subsequent punishments? Should one be treated more seriously under the First Amendment than the other?

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