For prior restraint to apply, what must the government prove about the speech in question?

For prior restraint to apply, what must the government prove about the speech in question?

A.The speech must be libelous.

B.The speech must present a general threat.

C.The speech must present a clear and identifiable danger.

D. The speech must be offensive.

Answer: C.The speech must present a clear and identifiable danger.

Prior restraint is a type of censorship encouraged by the government, which means that the authorities attempt to stop the speech before it takes place; this type is mostly considered unconstitutional in the United States. However, it turns out that in exceptional cases it can be done if the government goes through evidential evidence that this specific speech poses a concrete threat. This high standard means showing the rationale behind the thinking that the use of the word would result in severe danger to the nation or the public. The government needs to prove that the described danger is a real menace that is present in the immediate future and cannot be effectively averted in any way other than a restriction of freedom. Judicial systems remain very suspicious of prior restraints because such attempts are perceived more as a threat to constitutional amendment one on freedom of speech. Prior restraint can only be justified legally in circumstances where the risk is considerably high and the danger is sure, though few.


Posted

in

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *