Prior Restraint Cases

Bernstein v. United States Department of States (District Court of California) (1997)

Bernstein v. United States Department of State (1997), in the Northern
District Court of California, is the leading case applying First Amendment
standards to issues of encryption.

Carroll v. President and Commissioners of Princess Anne (1968)

Carroll v. President and Commissioners of Princess Anne (1968) said an
injunction to keep a white supremacist group from rallying violated the
First Amendment.

Cox Broadcasting Corp. v. Cohn (1975)

In Cox Broadcasting v. Cohn (1975), the Supreme Court said journalists had
a First Amendment right to release information found in public domain
records.

Dailey v. Superior Court of City and County of San Francisco (Calif. Supreme Court) (1896)

One arguably unsung contribution to freedom of speech and press occurred with the decision by the California Supreme Court in Dailey v. Superior Court of City and County of San Francisco, 112 Cal. 94 (1896). The decision, which Professor Alan Nielson has characterized as an “anomaly,” is important because it is the first in which

Houston Community College System v. Wilson (2022)

The U.S. Supreme Court ruled in 2022 in Houston Community College System v.
Wilson that a board member who was censured by the board did not have a
First Amendment claim regarding retaliation for his criticisms of the board.

Near v. Minnesota (1931)

Near v. Minnesota (1931) fashioned the First Amendment doctrine opposing
prior restraint and reaffirmed that the incorporation of the First
Amendment.

Nebraska Press Association v. Stuart (1976)

In Nebraska Press Association v. Stuart (1976), the Court ruled that a gag
order prior to jury impanelment violated the First Amendment right of
freedom of the press.

New York Times Co. v. United States (1971)

New York Times Co. v. United States (1971), also called the “Pentagon
Papers” case, defended the First Amendment right of free press against
prior restraint by the government.

Patterson v. Colorado (1907)

Patterson v. Colorado (1907), which upheld a contempt citation against a
paper that criticized a state supreme court, has been superseded by new
First Amendment interpretations.

Seattle Times Co. v. Rhinehart (1984)

Seattle Times v. Rhinehart (1984) said that an order prohibiting a
newspaper from publishing material it received during a lawsuit discovery
did not violate the First Amendment.

Smith v. Daily Mail Publishing Co. (1979)

Smith v. Daily Mail Publishing (1979) said a West Virginia law that
criminalized the publication of a juvenile offender’s name violated the
First Amendment.

Superior Films v. Department of Education (1954)

Superior Films v. Department of Education (1954) said state laws allowing
administrative agencies to refuse licenses to objectionable movies violated
the First Amendment.

Teitel Film Corp. v. Cusack (1968)

In Teitel Film Corp. v. Cusack (1968) didn’t address the censorship and
First Amendment issues but dealt with the administrative details of
America’s censorship regime.

United States v. Progressive Inc. (W.D. Wis.) (1979)

United States v. Progressive Inc. (W.D. Wis. 1979), which dealt with the
First Amendment, is one of the few times the American press has been
restrained from publishing.

Prior Restraint Cases

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