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by akerl_
351 days ago
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Sort of by definition, prior restraint is when the government prevents someone from doing something (in the context, of the term, generally always speech/expression) prior to it happening. This is the kind of bluster that has certainly become more common in recent years, but has to some extent always been part of political theater. You'll see the same kind of thing every now and then if somebody tweets about how they'd love to feed a political figure into a wood chipper, or that the government should be launched into the sun. The Secret Service or some executive official will post that they're "investigating the matter and will take all available action", only for it to turn out that the comment was obviously protected speech. |
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e.g.
https://en.wikipedia.org/wiki/Bantam_Books,_Inc._v._Sullivan
"Justice William J. Brennan Jr. delivered the majority opinion that stated that the actions of the Rhode Island commission to Encourage Morality in Youth were unconstitutional due to their actions violating the First Amendment by placing a prior restraint on free speech. Justice Brennan's opinion stated that the commission's practice of notifying book distributors and retailers about "objectionable" publications, combined with implied threats of legal action, effectively made a system of informal censorship."