Prior Restraint Lives: Newspaper Blocked From Publishing Photo of Murder Suspect
An LAPD handout of murder defendant Alberd Tersargyan We’re not sure what’s more alarming: that a local California judge has barred the Los Angeles Times from publishing lawfully obtained photos of a murder defendant, or that an appeals court has just decided not to immediately reverse this clear exercise of prior restraint. Prior restraint smacks at the heart of the First Amendment. The U.S. Supreme Court has never tolerated it, even in the 1971 “Pentagon Papers” case. Then, the justices refused to block The New York Times from publishing sensitive documents concerning the nation’s involvement in Vietnam from 1945 to 1967. At the ...

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