Bar Exam Practice Questions

What is prior restraint?

1. An act of censorship before publication

2. A method of protecting intellectual property

3. A defense against libel claims

4. A government restriction on speech after publication

The correct answer is: An act of censorship before publication

Prior restraint is defined as an act of censorship that occurs before publication or dissemination of information. It represents a legal measure that seeks to prevent certain information from being published or made available to the general public. This concept is pivotal in discussions regarding freedom of speech and the press, particularly in the context of the First Amendment, which protects against government actions that impede public expression. The rationale behind prioritizing the prevention of prior restraint is rooted in the belief that free expression is essential to democracy and informed citizenship. Courts typically view prior restraint with extreme skepticism, often deeming it a violation of constitutional rights unless there is a compelling justification, such as national security concerns. The other options, though related to different aspects of law, do not fit the definition of prior restraint. Protecting intellectual property involves laws governing ownership and rights related to creative works, while defenses against libel claims relate to post-publication protections for statements made about others. Government restrictions on speech after publication instead refer to punitive actions that occur following the release of speech or press, which is not the same as prior restraint.