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 Northern District Court of California, is the leading case applying First Amendment standards to...

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v. Colorado (1907), which upheld a contempt citation against a paper that criticized a state supreme court, has been superseded by new First Amendment...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

  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...

• 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...