Prior restraint

Prior restraint is a legal term which refers to a government's actions that prevent materials from being published. Prior restraint is considered a uniquely despicable form of censorship in Anglo-American jurisprudence because it prevents the controversial material from being heard or distributed at all. Other forms of censorship generally involve punishment after the fact. While such punishment might lead to a chilling effect, legal commentators argue that at least such censorship does not directly impoverish the marketplace of ideas. Prior restraint, on the other hand, takes the idea or material completely out of the marketplace, making it the worst form of censorship in a free society. However during the 2003 Invasion of Iraq many 'embedded' reporters acompanied soldiers as they made their way into the country. These reports were subject to censorship in that they were not to reveal a units exact location. However some reports were in fact censored directly by military forces when a story would have been considered unfavourable. Journalists themselves, under a possible chilling effect, or perhaps because of Patriotic journalism, also chose not to broadcast stories. The first instance in U.S. history of the government issuing a prior restraint for national security reasons is the case of the Pentagon Papers.

| Category:Freedom of Expression