The Doctrine Of Prior Restraint

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On September 17, 1787, the Constitution was signed into law and applied to the United States of America. Since its establishment, there have been numerous situations where the government has created laws that go against the Constitution. Importantly, the First Amendment in the Constitution protects freedom of speech and the freedom of the press. The First Amendment restricts the federal government on imposing any system of prior restraint. Prior restraint allows the government to censor material before its distribution or publication. When prior restraint is allowed, it in turn, limits 1st Amendment rights because it gives the government a right to suppress certain material. It is widely believed that the doctrine of prior restraint should only be used in rare events such as when it’s in regards to national security. But, how do we define national security? For years after the signing of the Constitution, the government has found loopholes to impose prior restraints on publications from the press because of national security. In 1925, Minnesota passed the Public Nuisance Law, which gave the state the right to suppress newspapers that published scandalous and defamatory material. After the law 's passing, Jay Near published a spread in The Saturday Press in which he criticized and vilified local officials. Under the Public Nuisance Law, an injunction was obtained by local officials to prevent Near from continuing to publish in the newspaper. The case was eventually
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