Prior restraint, explained
Prior restraint refers broadly to a restriction on expression imposed before its publication or dissemination.
- The field
- Legal
- Reading time
- 1 minute
- In this entry
- Meaning · relevance · limits
The meaning
Prior restraint refers broadly to a restriction on expression imposed before its publication or dissemination.
Why it matters
The concept appears in discussions of press freedom and legal restrictions. Its meaning and treatment depend on the relevant legal system.
The boundary
A hosting contract, moderation decision and state restriction are different issues and should not be treated as identical.
Distinguish publication stages
A legal measure preventing publication before a report appears raises different questions from a claim brought after publication. A publisher should retain the relevant documents and understand the measure’s scope and review options. Hosting choices may affect availability, but they do not determine whether a restriction is lawful in the relevant jurisdiction.
- Separate an advance publishing restriction from moderation, a later damages claim or a routine editorial decision.
- Do not promise that a hosting location defeats an injunction.