Prior Restraint Definition

Governmental suppression of speech or expressive activity so as to prevent publication or public presentation.

An unconstitutional prohibition in advance of a publication or communication before such communication or publication occurred. Prior restraint violated the First Amendment of the United States Constitution, except in cases of obscenity, defamation, or its representing “a clear and present danger” (Oliver Wendall Holmes, Jr.), and even in such cases, it is rarely upheld.