MC 3080 Chapter : Methods Of Control
Document Summary
Methods of control: prior restraints & subsequent punishments. Prior restraint: restrictions on expressed imposed before publication or broadcast, preventing the expression from occurring, according to scotus most odious and least tolerable infringement of freedom of expression . Prior restraint: taxation: grosjean v. american press co (1936, la. Prior restraint: licensing/permit: lakewood v. plain dealer (1988, key findings, permit system gave mayor unbridled discretion , presumptively unconstitutional restraint. Prior restraint: injunction: new york times co. v. u. s. (1971, restraining orders were unconstitutional prior restraints under the first. Amendment: government did not meet the heavy burden of proving restraint on publication was justified. Prior restraints: summary: presumed unconstitutional except under near exceptions, new york times v. us, government bears heavy burden to overcome presumption. Levels of scrutiny: apply different level of review to regulations on expression depending on, whether the subsequent punishment is content-based or content-neutral, what type of expression is at issue, or other factors.
