Prior restraint

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Prior restraint (also referred to as prior censorship^[1] or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship that establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place.

In some countries (e.g., United States,^[2] Argentina^[3]) prior restraint by the government is forbidden, subject to exceptions (such as classifying certain matters of national security), by their respective constitutions.

Prior restraint can be effected in a number of ways. For example, the exhibition of works of art or a movie may require a license from a government authority (sometimes referred to as a classification board or censorship board) before it can be published, and the failure or refusal to grant a license is a form of censorship as is the revoking of a license. It can take the form of a legal injunction or government order prohibiting the publication of a specific document. Sometimes, a government or other party becomes aware of a forthcoming publication on a particular subject and seeks to prevent it: to halt ongoing publication and prevent its resumption. These injunctions are considered prior restraint because potential future publications are stopped in advance. It can also take the form of a (usually secret) policy imposed by a commercial corporation upon its employees, requiring them to obtain written permission to publish a given written work, even one authored outside of work hours produced using their own computing resources.