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Freedom of Expression and the Prior Restraint Doctrine
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美國憲法上의 表現의 自由와 事前抑制禁止의 原則

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Type
Academic journal
Author
Lim Ji-Bong (서강대학교)
Journal
Institution of American Constitution Study on the American Constitution Vol.20 No.2 KCI Accredited Journals
Published
2009.9
Pages
287 - 315 (29page)

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Freedom of Expression and the Prior Restraint Doctrine
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The freedom of expression provided in the First Amendment of U.S. Constitution is one of mental freedoms that is indispensible to the operation of the democratic society. However, it is also the constitutional right that could be restricted by the minimum limit if necessary for the public interests. The restrictions on the freedom of expression are classified as the prior restriction and the posterior restriction on the basis of the time when the restriction is imposed. The U.S. Supreme Court called the prior restriction to the freedom of expression as 'prior restraint.'
‘Prior restraints’ mean governmental restrictions on the freedom of expression such as permit, censorship and injunction that are imposed before the expression enters marketplace of ideas. Prior restraints are, both substantively and procedurally, highly suspect and there is a substantial presumption against their constitutionality. The government bears a heavy burden of showing justification for the prior restraints.
This paper will review and analyze the major decisions of U.S. Supreme Court on the issue of prior restraint such as Near v. State of Minnesota ex rel. Olson in 1931, New York Times Co. v. United States in 1971, Nebraska Press Association v. Stuart in 1976, Alexander v. United States in 1993, Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton in 2002, Thomas and Windy City Hemp Development Board v. Chicago Park District in 2002, and City of Littleton, Colorado v. Z.J. Gifts D-4, L.L.C. in 2004. This paper aims at revealing on how the prior restraint doctrine was given birth and has been developed in the United States and what its legal and theoretical contents are these days.

Contents

Ⅰ. 序論 : 問題의 提起
Ⅱ. 事前抑制禁止의 原則과 關聯된 美國聯邦大法院의 主要 判決
Ⅲ. 事前抑制禁止原則의 誕生과 發展
Ⅳ. 結論
[國文抄錄]
[Abstract]
〈참고문헌〉

References (13)

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1. [단행본] - 문홍주 / 2002 / 미국헌법과 기본적 인권 / 유풍출판사 google schola 2. [기타자료] - BAILEY, C. SUZANNE / 2006 / CONSTITUTIONAL LAW / Thomson Delmar Learning google schola 3. [단행본] - CHEMERINSKY, ERWIN / 2006 / CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES / Aspen Law & Business google schola 4. [단행본] - CHOPER, JESSE H / 2006 / CONSTITUTIONAL LAW: CASES, COMMENTS, QUESTIONS / Thomson & West google schola 5. [단행본] - COHEN, WILLIAM / 1993 / CONSTITUTIONAL LAW: CASES AND MATEIRIALS / University Casebook Series, Foundation Press, Inc. google schola

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