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Webster's New World Law Dictionary » prior restraint
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.
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