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previous restraint

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 310 U.S. 296 - Cantwell v. State of Connecticut · 1940Most cited · 6,192 citing opinions

The availability of a judicial remedy for abuses in the system of licensing still leaves that system one of previous restraint which, in the field of free speech and press, we have held inadmissible. A statute authorizing previous restraint upon the exercise of the guaranteed freedom by judicial decision after trial is as obnoxious to the Constitution as one providing for like restraint by administrative action.

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