Case Categories: Prior Restraint

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

  Bernstein v. United States Department of State (1997), in the District Court for the Northern District of California, is the leading case applying First...

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

  The Supreme Court struck down an injunction that was meant to stop a white supremacist group from rallying in Maryland in the 1968 case, Carroll v. President...

• Cox Broadcasting Corp. v. Cohn (1975)

  In an important case involving a free press, the Supreme Court in Cox Broadcasting v. Cohn absolved a journalist from criminal or civil charges for revealing...

• 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...

• 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...

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v. Colorado (1907), which upheld a contempt citation against a paper that criticized a state supreme court, has been superseded by new First Amendment...

• Seattle Times Co. v. Rhinehart (1984)

  In 1984, the Supreme Court ruled that a protective order prohibiting a newspaper from publishing material it received during discovery in a lawsuit did not...

• Smith v. Daily Mail Publishing Co. (1979)

  The Supreme Court in 1979 nullified a West Virginia law that criminalized the publication of a juvenile offender's name as an unconstitutional prior restraint...

• Superior Films v. Department of Education (1954)

  The Supreme Court’s unanimous per curiam opinion in Superior Films v. Department of Education overturned state laws that allowed administrative agencies to...

• 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...

• United States v. The Progressive (W.D. Wis.) (1979)

  In 1979, a Wisconsin judge enjoined The Progressive magazine from publishing a story about how to construct the H-bomb after the government said the information...