Does Prior Restraint Apply to States?

Prior restraint is a type of censorship in which speech or expression is reviewed and restricted before it occurs. Under prior restraint, a government or authority controls what speech or expression can be publicly released. Prior restraint has a history of being viewed as a form of oppression in the United States.

Does prior restraint only apply to federal government?

In constitutional terms, the doctrine of prior restraint holds that the First Amend- ment forbids the Federal Government to impose any system of prior restraint, with certain limited exceptions, in any area of expression that is within the boundaries of that Amendment.

What is the exception to prior restraint?

Engaging in prior restraint constitutes a violation of the First Amendment. The primary exception to the prohibition of prior restraint of free expression is when the government censors speech for national security purposes.

Alexander Ross

Alexander Ross

Gaming, Esports & Interactive Media Writer

Alexander Ross has covered the video game industry for a decade, writing deep dives on game design, esports tournaments, VR developments, and gaming culture.