Prior restraint in the context of "Freedom of press"

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⭐ Core Definition: Prior restraint

Prior restraint (also referred to as prior censorship 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, Argentina) prior restraint by the government is forbidden, subject to exceptions, by their respective constitutions.

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Prior restraint in the context of John Milton

John Milton (9 December 1608 – 8 November 1674) was an English poet, polemicist, and civil servant. His 1667 epic poem Paradise Lost was written in blank verse and included 12 books, written in a time of immense religious flux and political upheaval. It addressed the fall of man, including the temptation of Adam and Eve by the fallen angel Satan, and God's expulsion of them from the Garden of Eden. Paradise Lost elevated Milton's reputation as one of history's greatest poets. He also served as a civil servant for the Commonwealth of England under its Council of State and later under Oliver Cromwell.

Milton achieved fame and recognition during his lifetime. His celebrated Areopagitica (1644) condemning pre-publication censorship is among history's most influential and impassioned defences of freedom of speech and freedom of the press. His desire for freedom extended beyond his philosophy and was reflected in his style, which included his introduction of new words to the English language, coined from Latin and Ancient Greek. He was the first modern writer to employ unrhymed verse outside of the theatre or translations.

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Prior restraint in the context of Freedom of the press

Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies no or minimal censorship or prior restraint from government, and is often protected by laws or a provision in a constitution. The concept of freedom of speech is often covered by the same laws as freedom of the press, thereby giving equal treatment to spoken and published expression; many countries also protect scientific freedom.

Government restrictions on freedom of the press may include classified information, state secrets, punishment for libel, punishment for violation of copyright, privacy, or judicial orders. Where freedom of the press is lacking, governments may require pre-publication approval, or punish distribution of documents critical of the government or certain political perspectives. Jurisdictions with high levels of transparency are subject to "sunshine laws" or freedom of information legislation that allow citizens broad access to government-held information.

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