A presumption against the constitutionality of prior restraints is fundamental to First Amendment law. Yet prior restraints are acceptable to the courts where:

Question

Quizplus · Accepted Answer

Prior restraints are generally viewed unfavorably under the First Amendment, but courts have made exceptions in cases where publication could endanger national security, where material is deemed obscene, or where advertising is found to be misleading. These exceptions are based on the principle that certain types of speech or publication can have harmful consequences that justify preemptive legal action.

A Presumption Against the Constitutionality of Prior Restraints Is Fundamental