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Lawyers for journalists tend to resist prior restraints on publication.
"Prior restraints are not meant to mitigate harms that have already occurred," the dissenting judges said.
That required, he said, a near-absolute ban on prior restraints on publication of news articles.
Limitations on speech require even greater care; a near prohibition on "prior restraints" against publication has become a cornerstone of first amendment doctrine.
It has alarmed experts in First Amendment law, who say such orders prohibiting future publications, prior restraints, are essentially unknown in American law.
In vacating the injunction, the three-judge panel wrote, "Prior restraints are the most serious and the least tolerable infringement on First Amendment rights".
Similar(37)
"Prior restraint.
Prior restraint on conversation?
This prior restraint is common.
"That's a prior restraint".
There should be no prior restraint.
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