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5799
This page is www.lawyerdude.8k.com/5799.html
Lawyerdude’s Explanation of Unlawful Prior Restraint
Related pages:
Here is a good explanation of prior restraint: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/priorrestraints.htm
This page is listed on my list of top ten liberating constitutional concepts: www.lawyerdude.8k.com/5798.html
This page is listed on my Pentagon Papers page: www.lawyerdude.8k.com/5801.html
The page is listed on my Near v Minnesota page: www.lawyerdude.8k.com/near.html
This page is listed on my “tell em how to make the bomb page: http://www.lawyerdude.8k.com/5833.html
“Fuck the Draft” case: http://www.lawyerdude.8m.com/fuckthedraft.html
Related concept: Overbreadth: http://www.lawyerdude.8m.com/5409.html
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Unlawful Prior Restraint
The cases say that absent some compelling state interest, we will not permit free speech or press to be enjoined. It is adequate protection to simply punish the speaker afterwards. Some exceptions: We do not permit the press to endanger our troops by revealing troop locations or shipping out dates of troops. Near published inflammatory statements out Jewish gangsters who were infecting his state of Minnesota. The New York Times successfully published the Pentagon Papers which lead to the downfall of Nixon and showed what a liar he was - and that he thwarted constitutional government by his secret war in Cambodia and Laos - when in fact, government policy was to keep out of those two countries adjacent to Viet Nam.
Two cases defined this concept. Irwin Schiff should use this concept. All state bar acts are overbroad and in violation of this concept of unlawful prior restrataint. The Judge should have thrown out the unlawful order immediately. It should have never granted such an order. The two leading cases are:
Near v Minnesota www.lawyerdude.8k.com/near.html and
the Pentagon papers case, known as New York Times v U.S. www.lawyerdude.8k.com/5801.html