Intro.:  Freedom of expression in Anglo-American law began
with freedom of the press.  The vehicle for this press protection was
the doctrine of prior restraint; the printed word did not have to be
submitted to the King’s censors before it could go forth, as
Blackstone described in his Commentaries.  Even the most minimalist
understanding of the First Am. conceives it to provide a presumption
against prior restraint, as Holmes pointed out in Patterson.  Prior
restraint occurs if a law requires judicial approval before something
can be published, or before speech or protest can occur.  An example
of prior restraint would be an injunction on speech.  A prior
restraint prevents a communication from entering the “marketplace of
ideas” at all, while subsequent punishment assumes that the
communication has entered the market and the question is whether the
disseminator of the communication can be punished.  Usually, the
sanction for violating a prior restraint is “contempt”.  Generally,
any system of prior restraint of expression bears a heavy presumption
against its constitutionality.  The government thus carries a heavy
burden of justification for the imposition of such a restraint. The
two cases below—which treat prior restraints of the press—deal with
this burden and illustrate court’s modern-day approach to prior