William & Mary Bill of Rights Journal
Abstract
In this Article we argue that the digital revolution requires a reshaping of the Doctrine of Prior Restraint, which prohibits the implementation of any regulations that prevent the publication of speech prior to its distribution. We describe the prohibition on prior restraint of speech, its rationales and its exceptions; present the characteristics of the media in the digital age; suggest that the traditional design of the Doctrine does not fit these characteristics; and describe the reshaping that we propose in order to adapt the Doctrine to the age of the Internet and social networking.
Repository Citation
Ariel L. Bendor and Michal Tamir, Prior Restraint in the Digital Age, 27 Wm. & Mary Bill Rts. J. 1155 (2019), https://scholarship.law.wm.edu/wmborj/vol27/iss4/7
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