Keywords

Freedman v. Maryland, due process, Supreme Court

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.

Original Publication Citation

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 (26).

Document Type

Peer-Reviewed Article

Publication Date

2006-01-01

Permanent URL

http://hdl.lib.byu.edu/1877/547

Publisher

Lawrence Erlbaum Associates, Inc.

Language

English

College

Fine Arts and Communications

Department

Communications

Included in

Communication Commons

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