What does the term 'prior restraint' refer to?

The term 'prior restraint' specifically refers to the government action of blocking or censoring speech or publications before they are actually expressed or released to the public. This concept is particularly significant in discussions about freedom of speech and press rights under the First Amendment of the U.S. Constitution. Prior restraint is generally viewed unfavorably in democratic societies because it can prevent the dissemination of information and ideas, which are essential for a functioning democracy.

In legal contexts, prior restraint has been challenged in various landmark Supreme Court cases, reinforcing the principle that freedom of expression is protected from government censorship before the fact. This legal precedent helps to safeguard a free press and supports the public's right to receive information.