Glossary
Prior restraint
Government action that blocks speech or publication before it occurs, treated by courts as the most disfavored form of censorship.
Also called: prior restraint on speech
A prior restraint is a government order or rule that stops expression before it happens, such as a court injunction against publishing an article or a licensing scheme requiring approval before speaking. It contrasts with punishing speech after it occurs, for instance through a defamation lawsuit.
Near v. Minnesota (1931) held that prior restraints are presumptively unconstitutional, with narrow exceptions such as obscenity, incitement to violence and publishing troop movements in wartime. In New York Times Co. v. United States (1971), the Pentagon Papers case, the Supreme Court refused to block newspapers from publishing a classified study, finding the government had not met its heavy burden.
The doctrine matters for the news media and for modern disputes over pressure on platforms. Courts also scrutinize licensing and permit schemes for parades and demonstrations, which must contain clear standards and quick review, an idea related to the public forum doctrine. Because prior restraints are presumed invalid, courts treat them more skeptically than later penalties, but speech can still be punished afterward if it falls outside protection, as under the brandenburg test. Similar concerns arise from viewpoint discrimination.
Last reviewed November 8, 2026