How was the concept of prior restraint established?
The precedence was established through the US Supreme Court ruling on the interpretation of specific factors related to freedom of the press and freedom of speech as defined in the First Amendment of the US Constitution.
Prior Restraint. This is one of the main reasons the framers developed the first amendment of the constitution. Prior Restraint was very prevalent in the British Monarchy. When the framers established the constitution, they discussed many oppositions to British Law (one of which was prior restraint on expression). The only exception the framers eluded to was Seditious Libel (which they attempted to replicate [Alien and Seditions Act]. But it didnt pass)
Explain the concept of prior restraint of the press Include one example of how the Supreme Court has ruled on this issue?
A prior restraint is a form of coercion used before an event or action to prevent it from happening. A post restraint is a form of punishment after an act occurs. First amendment cases, particularly with regard to freedom of the press, often talk about prior and posts restraints. If the government censored a newspaper by prohibiting it from publishing an article, that would be an example of prior restraint. In almost all cases, that…
When the government prohibits the publication of material it does not want released this is known as?
You may be asking about "judicial restraint," a concept that favors upholding Acts of Congress and established precedent. Judicial restraint can be contrasted with "judicial activism," which is sometimes used interchangeably with the phrase "legislating from the bench," a pejorative applied to courts that overturn laws and precedents as unconstitutional. For more information, see Related Questions, below.
The answer would be judicial restraint. Plessy v Ferguson strictly employed judicial restraint because it followed the principle of stare decisis or went with the precedent decision. It went against the concept of civil rights and giving freedoms to African Americans and was generally conservative in its ruling.