Prior restraint

  1. Discuss the differences between a prior restraint of speech and press versus a post-publication punishment of speech and press. Illustrate each with examples from the review of the history of free expression in the United States in your textbook. Include in your answer why a prior restraint of publication is less acceptable than punishment after publication and what was the U.S. Supreme Court's central ruling about prior restraint in Near v. Minnesota. (60 points)
  2. Under what circumstances can a trial court judge impose a prior restraint on the news media reporting a trial without infringing the reporter's First Amendment protections? Include in your answer what the U.S. Supreme Court ruled about a prior restraint of the press in Nebraska Press Association v. Stuart. (40 points)