What is the doctrine of prior restraint?

The doctrine of prior restraint in Kansas media law is a legal concept that prevents people from publishing or broadcasting information that the government believes to be sensitive or harmful, before it is presented to the public. It is based on the idea that preventing a publication from coming into the public is much less harmful than punishing a publisher after the fact. The doctrine of prior restraint is not absolute. Instead, the court has to weigh the public interest of pressing for publication against the potential harm of making the information available to the public. The court then decides whether to grant a temporary restraining order (TRO) preventing publication of the information. Generally, the government has to show that there is a clear and present danger posed by the publication of the information. In addition, the government also has to show that no less drastic measure than prior restraint can protect the public from potential harm. The doctrine of prior restraint is an important tool in the state of Kansas, helping to protect the public from sensitive information or potential harm that might result from the release of information.

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What is the doctrine of prior restraint?

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