Prior restraint

Definition

A government action that prevents speech from occurring in the first place, rather than punishing it after the fact. Prior restraints are considered especially disfavored under the First Amendment because they chill speech before it happens.

Examples

• •The US argued Colorado's law is a categorical prior restraint on therapist speech because it bans certain conversations before they occur, rather than adjudicating harm after the fact as malpractice would.

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