prior restraint

prior restraint definition - legal

n

An unconstitutional prohibition in advance of a publication or communication before such communication or publication occurred. Prior restraint violated the First Amendment of the United States Constitution, except in cases of obscenity, defamation, or its representing “a clear and present danger” (Oliver Wendall Holmes, Jr.), and even in such cases, it is rarely upheld.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

Comments
Improve this definition.
Do you have more to add? Share your linguistic knowledge or observation.
/Register to save your comments.