Prior Restraint

Maryland “Broadcast Ban” Is Unconstitutional as Applied to NPR Podcast

A Maryland federal judge has ruled that a state law banning the broadcast of lawfully-obtained recordings of criminal trials violates the First Amendment as applied to a National Public Radio podcast.

The Pentagon Papers 50 Years Later

Fifty years has not definitively resolved the impact and import of the Pentagon Papers case. Was it a monumental victory for the press? Was it a loss, since for the first time the courts imposed a prior restraint on a newspaper? Or was it an inconsequential one-off, since it hasn’t been a precedent for many…

PA High Court Upholds Gag Order Forbidding Mother from Speaking Her Own Name

The Pennsylvania Supreme Court, in the face of a powerful dissent, upheld a stunningly capacious gag order last December.

Contempt and Suppression Down Under

When the third most powerful man in the Vatican was convicted of molesting two choirboys by an Australian jury in December 2018, media companies scrambled worldwide. Yet in Australia, there was media silence on specific details of the case.

Anti-Libel Injunctions and the Criminal Libel Connection: A Conversation with Professor Eugene Volokh

Eugene Volokh explains his theory that post-trial libel injunctions are constitutional.

Iowa Supreme Court Lifts Prior Restraint Against Des Moines Register

Michigan Court of Appeals Reverses Probate Court’s Admitted “Prior Restraint” Against Local News Reporter

Ninth Circuit Rejects Facial Challenge to NSL Gag Orders

New Jersey Reporter and Newspaper Get Prior Restraint Dissolved

Colorado Trial Court Applies First Amendment Protections in Criminal Case Involving Juvenile