prior restraint

noun

: governmental prohibition imposed on expression before the expression actually takes place

Examples of prior restraint in a Sentence

Recent Examples on the Web
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In the Court’s view, such prior restraint was acceptable because motion pictures were not organs of public opinion like newspapers but instead a business, pure and simple, and one with a capacity for evil. Encyclopedia Britannica, 29 Apr. 2026 So Section 326 of the Communications Act prohibits prior restraint and censorship, and the First Amendment guarantees free speech. Josef Adalian, Vulture, 28 Apr. 2026 The company will seek to remove the court order as soon as possible, Babcock said, calling it a presumptively unconstitutional prior restraint. Michael R. Sisak, Fortune, 23 Jan. 2026 In the meantime, the family sued the city, arguing that the charges constituted prior restraint on speech, viewpoint discrimination, selective enforcement and excessive force, in violation of the Constitution. Angela Palermo, Idaho Statesman, 15 Dec. 2025 See All Example Sentences for prior restraint

Word History

First Known Use

1833, in the meaning defined above

Time Traveler
The first known use of prior restraint was in 1833

Browse Nearby Words

Cite this Entry

“Prior restraint.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/prior%20restraint. Accessed 12 May. 2026.

Legal Definition

prior restraint

noun
: governmental prohibition on expression (especially by publication) before the expression actually takes place see also Near v. Minnesota and New York Times Co. v. United States compare censorship, freedom of speech

Note: In New York Times Co. v. United States, the U.S. Supreme Court restated its position that “any system of prior restraints” bears “a heavy presumption against constitutional validity” and that the government “carries a heavy burden of showing justification for the imposition of such a restraint.”

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