315 US 568 (1942) 18
... content-neutral. This tension was picked up by the
Supreme Court of Virginia, which succinctly observed
that “[t]he Commonwealth cannot have it both ways.”
Id., App. 14.
The Court held that Virginia’s cross-burning law
could not be sustained merely because it was limited to
acts of intentional intim ...
POLS 228 United States Congress
... -Licensing of the press was the norm under colonial legislatures
-Seditious libel reigned: Could be convicted for publishing government
critiques, and truth was no defense
-Virginia the first state to protect press freedoms in its Constitution
-More states recommended press freedom for the Bill of
Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government, on expression before the expression actually takes place. An alternative to prior restraint is to allow the expression to take place and to take appropriate action afterward, if the expression is found to violate the law, regulations, or other rules.Prior restraint prevents the censored material from being heard or distributed at all; other measures provide sanctions only after the offending material has been communicated, such as suits for slander or libel. In some countries (e.g., United States, Argentina) prior restraint by the government is forbidden, subject to certain exceptions, by a constitution.Prior restraint can be effected in a number of ways. For example, the exhibition of works of art or a movie may require a license from a government authority (sometimes referred to a classification board or censorship board) before it can be published, and the failure or refusal to grant a license is a form of censorship as is the revoking of a license. It can also take the form of a legal injunction or government order prohibiting the publication of a specific document or subject. Sometimes, a government or other party becomes aware of a forthcoming publication on a particular subject and seeks to prevent it: to halt ongoing publication and prevent its resumption. These injunctions are considered prior restraint because potential future publications are stopped in advance.