This section covers official government restrictions of speech prior to publication. Prior restraints are viewed by the U.S. Supreme Court as “the most serious and the least tolerable infringement on First Amendment rights," which repeatedly has found that such restraints are presumed unconstitutional. Restraints on Internet speech follow the same rules, although particular speech can often be restrained if it has already been adjudged as libelous.
Digital Journalist's Legal Guide
Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
Microsoft challenged the federal law that allows the Department of Justice to impose gag orders, often permanently, on communications services providers when served with a search warrant for their customers' records. The Reporters Committee, joined by a coalition of 29 other media organizations, argued that the gag orders function as prior restraints that interfere with the news media's right to receive information, interfere with the right of access to court records, and threaten the confidential relationship between reporters and their sources.