Death of Procedural Safeguards: Prior Restraint, Due Process and the Elusive First Amendment Value of Content Neutrality

View Description

Download

small (250x250 max)

medium (500x500 max)

large ( > 500x500)

Full Resolution

PDF
Text

Description

Rating
Permanent URL	http://hdl.lib.byu.edu/1877/547
Title	Death of Procedural Safeguards: Prior Restraint, Due Process and the Elusive First Amendment Value of Content Neutrality
BYU Creator	Carter, Edward L. Clark, Brad
Keywords	Freedman v. Maryland; due process; Supreme Court
Description/Abstract	In recent years, federal courts eroded the procedural safeguards required for prior restraint licensing schemes established in Freedman v. Maryland. The Supreme Court of the United States stated that the dangers of prior restraint were accounted for by content neutrality. But a close examination of federal courts of appeals opinions since 2002 reveals that erosion of procedural safeguards may threaten speech interests. First, procedural safeguards have not been required, in some cases, even for content-based prior restraints. Second, courts of appeals have held that, in the context of content-neutral prior restraints, the First Amendment no longer requires a time limit on the initial administrative censor's decision about whether to allow speech. This limit was key to ensuring due process, and its absence allows government to stifle speech it disfavors even while maintaining the appearance of content neutrality.
Source	Carter, Edward L., Clark, Brad. "Death of Procedural Safeguards: Prior Restraint, Due Process and the Elusive First Amendment Value of Content Neutrality." Communication Law and Policy (2006).;
Publisher	Lawrence Erlbaum Associates, Inc.
Date Original	2006
Language	English eng en
Publication Type	Articles
Type	Text
Format	application/pdf
Owning Institution	Brigham Young University
BYU College	College of Fine Arts and Communications
BYU Department	Communications
Copyright Status	(c) 2006, Lawrence Erlbaum Associates, Inc. Contact publisher for additional reprinting or re-use. http://www.routledge.com/;
Copyright Use Information	http://www.lib.byu.edu/generic_copyright.html

Comments

Post a Comment for Death of Procedural Safeguards: Prior Restraint, Due Process and the Elusive First Amendment Value of Content Neutrality

you wish to report:

Your comment:

Your Name:

Submit

Cancel

...

Find results with:

Searching collections:

Home Institutional Repository Death of Procedural Safeguards: Prior Restraint, Due Process and the Elusive First Amendment Value...

Death of Procedural Safeguards: Prior Restraint, Due Process and the Elusive First Amendment Value of Content Neutrality

Description

Tags

Comments