It’s prior restraint, which is commonly mistaken to be illegal. It’s not there’s just a heavy presumption against it and since it’s national security related the court hearings about the subject are usually closed and sealed but the discussion of the governments right to do it aren’t.
New York Times v US 1971
There’s also voluntary prior restraint where a publisher decides not to publish because the effects of publication don’t outweigh getting shutdown under the burden of huge legal fees.
you keep referring to this like it’s a thing. what is it?
I can’t find anything about it.
It’s prior restraint, which is commonly mistaken to be illegal. It’s not there’s just a heavy presumption against it and since it’s national security related the court hearings about the subject are usually closed and sealed but the discussion of the governments right to do it aren’t.
New York Times v US 1971
There’s also voluntary prior restraint where a publisher decides not to publish because the effects of publication don’t outweigh getting shutdown under the burden of huge legal fees.
ah. never heard prior restraint called ‘the hold’ before.
TIL. I was aware about prior restraint; it’s not that it’s illegal, it just keeps being found wanting compared to the first amendment.
but that all may depend on which supreme court it’s going before.