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March 24, 2016 | Author: | Posted in american history, history


1 . Prior restraints seek to restrict the rights of the press even before the questioned material is released or published for the benefit of the public . It is considered as more grave compared to subsequent punishments because in prior restraints , the freedom of expression is outright curtailed , through the issuance of an injunction or the requirement of a license , even before a publication is released to the public or before any utterance or form of communication and expression is made . In the application of prior restraints , publisher is [banner_entry_middle]

prohibited from releasing or disseminating information if he is unable to convince the court that the contents of the articles or materials are written with good motives and that there is no intent to injure other parties

2 . There are four tests that the court may apply in blocking a publication . These tests are as follows : the dangerous tendency test the clear and present danger test the balancing of interests test and the strict scrutiny test

The dangerous tendencies test provide that an expression may be restricted when it generates a dangerous tendency – that which the State is duty-bound to preclude . Under this test , in that publication may be blocked , there must be a logical relation between the contents of the publication and the dangerous tendency ‘ that the State seeks to prevent

The clear and present danger test was discussed in the case of Schenck vs . United States ( 249 U .S . 47 , 1919 . In that case , it was held that before restricting the right to expression , it must be determined whether or not the words used in the material are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent ‘ Under the clear and present danger test , what is important is the gravity and degree of the evil sought to be prevented by the State in blocking publication

The balancing of interests test involves the weighing of public interests and interests of based on First Amendment freedoms . The interest having the greater weight would then be granted protection This kind of test is usually applied to commercial speech

The strict scrutiny test is also applied in cases involving the First Amendment . Under this case , in that expression may be curtailed it is necessary to establish that the restriction furthers a compelling government interest . So also , the restriction imposed must be narrowly tailored . Lastly , it must be established that the means used in regulating is necessary to achieve the goals of restriction

I believe that the clear and present danger test is the best approach to cases involving the curtailment of First Amendment freedoms . It provides for a narrower standard in allowing the restriction of the release and dissemination of certain publications and forms of expression . In this type of test , before a publication is blocked , the gravity and degree of the evil that the… [banner_entry_footer]

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