Browsing All posts tagged under »prior restraint«

If a Judge Has Unlawfully Ordered You Never to Speak or Write ABOUT Someone, Matthew Chan Wants to Tell Your Story

November 15, 2015

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“A civil harassment order creates a new crime that can only be committed by the respondent. Actions that would otherwise be lawful—such as attending a school sporting event or placing a telephone call—become potentially criminal. Even if no criminal prosecution follows, other less extreme but nonetheless perilous legal consequences exist. The issuance of a past […]

Another Way False Testimony Is Concealed: The Unconstitutional “Prior Restraint”

November 13, 2015

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Courts are properly authorized to sanction acts of defamation—publicly lying about someone—but they’re not authorized to prohibit truthful speech or opinion (even if it’s negative), and they’re not authorized to prohibit speech acts before they’ve even been committed. An order of the court that prohibits future speech is called a prior restraint, and it’s unconstitutional […]

Accusation of “Whatever”: How We’ve Forgotten What Restraining Orders Were For

February 1, 2015

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In an offhand response to a comment yesterday, I remarked that restraining orders weren’t meant to provide people with a sense of security; they were meant to secure people from danger. There’s a distinction, as I also remarked, and it’s been forgotten. So entrenched an institution of law and so commonplace has the “restraining order” become […]