a Better Bubble™

Aggregator

Free speech suffers when courts rush to impose prior restraints

6 months 3 weeks ago

Perhaps the most famous adage of journalism — get the truth and print it — continues to face attacks in our courts, and judges often fail to stop them.

A recent case comes from Victoria County, Texas, where last month a judge entered a temporary order preventing the publication of a book about alleged sexual harassment by former Phi Theta Kappa Honor Society director Rod Risley.

The court lifted the order on April 8, but only after the honor society had stopped the book from being published on the first day of its national convention, when it would have had the greatest impact.

Phi Theta Kappa, which sought the restraining order against author Toni Marek, hadn’t claimed that the information in her book is false. By its own admission, Marek received the information legally, either through public records requests or by speaking to former employees. But the honor society argued that the book shouldn’t be published because information in it is “confidential.” A judge initially agreed.

This isn’t the only order barring publication, known as a prior restraint, that Phi Theta Kappa has sought in recent times and won.

In a separate lawsuit, Phi Theta Kappa obtained an order prohibiting the competing HonorSociety.org from speaking about it online. Among other things, the order forbade HonorSociety.org from editing Phi Theta Kappa’s Wikipedia page or publishing independent reporting on Risley, regardless of whether those edits or publications were true.

A federal court of appeals recently struck down the order as overly broad.

The initial decisions granting the ban on Marek’s book and the gag on HonorSociety.org both suffer from the same glaring problem: the First Amendment.

The First Amendment prohibits prior restraints in all but the most extreme circumstances. In 1971, the Supreme Court even rebuffed the government’s attempt to stop the press from publishing the Pentagon Papers, documents the government claimed contained state secrets that could harm national security.

Censorship orders harm our freedom of speech no matter how long they last.

The Court has also repeatedly affirmed the First Amendment right to publish lawfully obtained, truthful information on matters of public concern.

But even though these censorship orders are supposed to be extremely rare and are almost always unconstitutional, prior restraints seem to be persisting.

One reason may be that judges are failing to recognize the First Amendment interests at stake when someone asks for a prior restraint on an "emergency" basis, as Phi Theta Kappa did in the case of Marek’s book. Because the honor society sought a temporary restraining order, Marek didn’t have a chance to appear in court and argue her side before the judge entered the initial order banning publication.

This isn’t a problem isolated to Texas. In February, a Mississippi court ordered The Clarksdale Press Register to remove an editorial criticizing Democratic Mayor Chuck Espy’s office for failing to properly notify the public of a special meeting, as required by state law. The city government claimed the editorial was defamatory, even though the city clerk admitted in an affidavit that she had failed to follow the notification law.

First Amendment experts immediately condemned the order. But as in Marek’s case, the city sought a temporary restraining order and the court granted it without giving the Press Register a chance to respond to the allegations or raise First Amendment arguments. Only after a national outcry did the city drop its suit and the court lift its censorship order.

Even though courts eventually ended the prior restraints on Marek, HonorSociety.org, and The Clarksdale Press Register, the fact that they entered them at all is a huge problem. Censorship orders harm our freedom of speech no matter how long they last.

It’s also a problem that nobody involved stopped to think about the First Amendment, at least at first. Both lawyers and judges need to do more to protect the constitutional rights of the public and the press.

Every lawyer in America is taught constitutional law, and even the most cursory legal research would turn up Supreme Court precedent on prior restraints. Lawyers seeking prior restraints have an ethical obligation to disclose law that cuts against their case to the court. But far too many emergency requests to censor speech fail to mention even the most well-known First Amendment decisions.

Judges, too, should hear First Amendment alarm bells ringing when they’re asked to restrain speech. When someone seeks an emergency order prohibiting speech, judges shouldn’t simply accept their arguments. They must independently research the law to be sure that their orders don’t violate the Constitution. They also can and should sanction lawyers who fail to mention any of the many cases prohibiting prior restraints.

Giving the proper attention and weight to freedom of speech isn’t too much to ask of our legal system. When lawyers and judges neglect their professional responsibility and neglect the Constitution, we all become vulnerable to censorship.

Caitlin Vogus

Ameren praises new law as it pushes for rate hike

6 months 3 weeks ago
Ameren customers upset with the utility giant’s latest proposed rate hike had their final chance to voice frustrations in-person Monday evening before the state’s regulatory commission rules on the request next month.
Mark Zinn

A New One: House Speaker Blames Video Games For Medicaid ‘Abuse’

6 months 3 weeks ago
I guess it’s good to know there are still surprises left for me in this universe. We have talked about the common absurdity in which video games are blamed for all manner of things. It’s the moral panic of our time. Video games are blamed for violence, for supposed addictions, for violence, for the eventual […]
Dark Helmet

Beginners Night

6 months 3 weeks ago

Looking to try out chess in a welcoming, judgment-free environment? Come to the Saint Louis Chess Club to learn and play with other beginners! Led by our friendly and experienced […]

The post Beginners Night appeared first on Explore St. Louis.

Myranda Levins

MO S&T to Offer Nation’s First Master’s in Geospatial Engineering

6 months 3 weeks ago
The University of Missouri Board of Curators voted unanimously today (Thursday, April 17) to approve a new master’s degree program in geospatial engineering at Missouri S&T. “We appreciate the curators recognizing Missouri S&T’s wealth of expertise in this area and that we are well-positioned to launch this exciting new program,” says Dr. David Borrok, vice […]
Rachel Finan

Experts Expect Home Prices to Moderate in 2025

6 months 3 weeks ago
From Builder:  Housing experts project home price growth will moderate over the next two years, according to the Q1 2025 Fannie Mae Home Price Expectations Survey. A panel of more than 100 experts forecast price growth of 3.4% in 2025 and 3.3% in 2026. The projections represent revisions from the fourth quarter survey when experts projected […]
Rachel Finan

Students Look to the Future During SIU System's "Conversation of Understanding"

6 months 3 weeks ago
EDWARDSVILLE - Framing his remarks with a grateful glance to the past, a resolute look to the present and a hopeful glimpse into the future, Southern Illinois University Edwardsville student Nicholas Young will participate in the upcoming Southern Illinois University (SIU) System’s Conversation of Understanding (COU). “From SIU to the World: Insights from the Class of 2025” will be held from 12-1:30 p.m. Tuesday, April 22 as a virtual panel discussion . Other student panelists include Paetyn Cage, SIU School of Medicine; Gavin Hardy, SIU Carbondale; and Diamond Jackson, SIU Carbondale Simmons Law School. Sheila Caldwell, EdD, SIU System Vice President for Antiracism, Diversity, Equity and Inclusion, and Chief Diversity Officer, will serve as the moderator. The panelists will shed light on the multifaceted aspects surrounding student success and the tangible benefits it provides for individuals and the broader educational communities across SIU campuses. Young,

Continue Reading

Midwestern Developer Aims for Mass Timber Heights

6 months 3 weeks ago
From Multifamily Dive:  Within its first five years in operation, Madison, Wisconsin-based multifamily developer Neutral has planned more than 1,000 new units, raised over $100 million in development capital and set its sights on building the largest mass timber structures in the country — all while the CEO was in his early to mid-20s. Nate […]
Rachel Finan

Grafton Swears In Familiar Faces as Well as New Alderwoman

6 months 3 weeks ago
GRAFTON - Having been duly sworn in at the Jersey County Clerk’s office, Grafton City Clerk Jennifer Capler swore into office returning officials Mayor Mike Morrow, City Treasurer, Lisa Fitzgerald, Alderman Richard Mosby, Alderwoman Donna Smith and new Alderwoman Mary Jo Cote at the city council meeting on Tuesday, April 15, 2025. All electees ran unopposed. Mayor Morrow will continue to oversee the affairs of Grafton for the next four years which will include the ongoing project with the ferry committee working towards fulltime ferry service between Grafton and St. Charles, MO, improving city infrastructure and parks, and balancing budget details. Mayor Morrow presented retiring Alderman Andrew Jackson with a plaque of appreciation for his ten years of faithful and dedicated service to the citizens of Grafton. During his decade-long tenure, Andy served as the City Treasurer, chairman of the City Finance Committee and numerous other select committees, culminating in time served

Continue Reading