CONSTITUTIONAL LAW

W.B. Fisch, Fall 2006

Assignment #40

Ch. 13 GOVERNMENTAL CONTROL OF THE CONTENT OF EXPRESSION

2. Vagueness, Overbreadth and Prior Restraint

B. Prior Restraint

• What counts as a disfavored "prior restraint"?
• NEAR V. MINNESOTA, p. 1305 (1931)
• had the newspaper in fact published unprotected defamation?
• is it improper to enjoin future publication of a specific statement proven to be libelous? Cf. Pittsburgh Press Co., p. 1308 (1973)
• what made this particular injunction improper?
• Parade and demonstration permit systems generally
• What burden of justification applies?
• What interests can the system legitimately protect?
• If a permit is improperly denied, can the applicant proceed to parade or demonstrate anyway, and challenge the denial in defense? If not, why not?
• WATCHTOWER BIBLE SOCIETY, p. 1311 (2002): canvassers’ license requirement
• what burden of justification does the ordinance have to meet?
• what interests was it designed to protect?
• How did it fit with each one claimed?