Free Speech

Paragraph: 35 - N317* the Court seems unaware of the fact that its drastic new remedy has been fashioned to enforce a species of prior restraint on a citizen's right to criticize his government. Inherent in this prior restraint is the risk that the reviewing agency will misuse its authority to delay the publication of a critical work or to persuade an author to modify the contents of his work beyond the demands of secrecy. The character of the covenant as a prior restraint on free speech surely imposes an especially heavy burden on the censor to justify the remedy it seeks.

Notes:

• N317* / / / / This deals with allowing the CIA to "review" publications of unclassified info...to check if they are actually classified.

Preferred Terms:

• (is) criticism

Phrase match: s right to criticize his government

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1980s/19800219.444.US.507.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 24 - I do not believe, however, that the Agency has any authority to censor its employees' publication of unclassified information on the basis of its opinion that publication may be "detrimental to vital national interests" or otherwise "identified as harmful." Ibid. The CIA never attempted to assert such power over Snepp in either of the contracts he signed; rather, the Agency itself limited its censorship power to preventing the disclosure of "classified" information. Moreover, even if such a wide-ranging prior restraint would be good national security policy, I would have great difficulty reconciling it with the demands of the First Amendment.

Notes:

Preferred Terms:

• (is) Right to Publish Unclassified Material

Phrase match: itself limited its censorship power to preventing

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1980s/19800219.444.US.507.xml&keyword1=censorship&wordsBefore=3&wordsAfter=3#m1

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