Does the protection against prior restraint protect only the news media?


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In theory, the protection against prior restraint applies to all speakers. Practically, however, fewer circumstances exist in which individuals can assert this protection. Moreover, in light of the balancing test suggested in Landmark Communications, a court might be more likely to find that the government’s interest in preventing harmful speech outweighs an individual’s interest in disseminating sensitive information.

Category: Freedom of the Press

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