Are the regulations an impermissible prior restraint?
“The protection even as to previous restraint is not absolutely unlimited.” Near, 283 U.S. at 716. The Supreme Court has suggested that the “heavy presumption” against prior restraints may be overcome where official discretion is bounded by stringent procedural safeguards. See FW/PBS, 493 U.S. at 227 (plurality opinion of O’Connor, J.); Freedman v. Maryland, 380 U.S. 51, 58-59, 13 L. Ed. 2d 649, 85 S. Ct. 734 (1965); Kingsley Books, 354 U.S. at 442-43; 11126 Baltimore Blvd. v. Prince George’s County, 58 F.3d 988, 995 (4th Cir. 1995) (en banc). As our analysis above suggests, the challenged regulations do not qualify for this First Amendment safe harbor. (12) In Freedman v. Maryland, the Supreme Court set out three factors for determining the validity of licensing schemes that impose a prior restraint on speech: (1) any restraint must be for a specified brief period of time; (2) there must be expeditious judicial review; and (3) the censor must bear the burden of going to court to suppr
Related Questions
- In prior regulations, assumed ratings for reduction in force were used. Why did the Office of Personnel Management reduce the use of assumed ratings?
- Do any of the requirements of the UCC apply to buildings or structures in existence prior to the effect date of the UCC regulations?
- Are the regulations an impermissible prior restraint?
