Prior Restraints

Rhode Island Judge Pokes Free Speech on Facebook

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Restraints on speech prior to publication are almost never OK. It wasn't OK in the 1930s when Minnesota tried to enjoin the publication of an anti-Semitic newspaper. It wasn't even OK in the 1970s when the U.S. government tried to prevent The New York Times and The Washington Post from publishing the top-secret Pentagon Papers.

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Berkman's Cyberlaw Clinic Submits Amicus Brief in Case Involving Prior Restraint and Reporter's Privilege

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Today, Harvard Law School's Cyberlaw Clinic submitted an amicus curiae brief urging the New Hampshire Supreme Court to defend the First Amendment rights of a website that covers news about the mortgage industry.

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Bring Me his Head and Hands: Unconstitutional Internet Proscription

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Dear friends, let’s begin with a little story about the death of liberty at Rome. When Mark Antony had the chance, he proscribed (read: murdered) the orator Cicero.

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