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Washburn U.: COLUMN: Prior restraint tactics harm all.
(From University Wire)
Byline: Sam Hartle
Striking the balance between free speech and protecting the public good has always been a rather difficult proposition. Such is the case for many private individuals, but even more so for media outlets, including the Washburn Review.
In the past few years, Americans have been crying foul on numerous incidents where "inappropriate content" was allowed to air on public airwaves.
Most people remember the Super Bowl incident a while back, involving Justin Timberlake and Janet Jackson, in which a "wardrobe malfunction" caused Jackson to bare her breast.
Many men in the audience have no doubt heard of, if not listened to, the raunchy content of the Howard Stern radio program. (I must say it's far more entertaining to watch on E! than to listen on the radio.) As a result of fines levied against him by the Federal Communications Commission, Stern has decided to pick up his bags and will be taking his program to satellite radio.
A few weeks back on Veteran's Day, ABC decided that it would honor the occasion by showing "Saving Private Ryan" in prime time. Before the movie ever aired, many ABC affiliates complained the movie was too graphic to air in prime time and vowed not to air it, fearing penalty from the FCC.
- Providence, R.I., Media Outlets Lose Bid to Shelve Contempt Charges.
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...trial on whether two media outlets should be held in criminal...petition by the two media outlets asking it to review...trial and finds the two media outlets guilty, he could order...and "an invalid prior restraint which violates the...
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...This kind of preapproval is called prior restraint. It is a restriction on speech or...government might make just such a prior restraint law. Many of those men had come from...printed materials that worked like prior restraint. English church officials established...
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...itself. The fundamental issue here is prior restraint, whether a news organization has...complete information. The only times prior restraint could be justified would be in life...an inclination to rethink its past prior restraint rulings. That's unclear, because...
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- Magazine article from: Harvard Law Review January 1, 2006 700+ words
FIRST AMENDMENT--PRIOR RESTRAINT--SEVENTH CIRCUIT HOLDS THAT...prohibits the exercise of prior restraint or ex post censorship to override...that the school's exercise of prior restraint violated the First Amendment...
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...qualify for the judicial doctrine of "prior restraint" which the courts can immediately...review by the courts. In the US and RP Prior restraint is simply a governmental prohibition...restated its position that any system of prior restraint bears a heavy presumption that the...
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- Press release article from: Business Wire March 5, 1996 700+ words
...the press shall not be subjected to prior restraint. The decision, issued today in Cincinnati...the Supreme Court. Finding that the prior restraint against BUSINESS WEEK was "patently...qualify as grounds for imposing a prior restraint." The Court said that even temporary...
- TELEMUNDO NETWORK DEFEATS PRIOR RESTRAINT ATTEMPT BY A FLORIDA MURDER DEFENSE...
- Press release article from: PR Newswire April 15, 1993 700+ words
...the principle that there shall be no prior restraint on publication," said attorney Allen...broke a 50-year tradition against prior restraint in the United States by preventing...the First Amendment principle of no prior restraint remains viable and strong," Rosenthal...
- JUSTICE BREYER AND PRIOR RESTRAINT DISTRICT COURT SHOULD DROP THE BAN ON...
- Newspaper article from: Rocky Mountain News (Denver, CO) July 27, 2004 700+ words
...been so eager to back his attempt at prior restraint of the media, which that court did...highest court has never endorsed a prior restraint on the publication of news, even...departure from established doctrine on prior restraint as a perfectly reasonable form of...
