<P> Prior restraint is often considered a particularly oppressive form of censorship in Anglo - American jurisprudence because it prevents the restricted material from being heard or distributed at all . Other forms of restrictions on expression ( such as actions for libel or criminal libel , slander , defamation , and contempt of court ) implement criminal or civil sanctions only after the offending material has been published . While such sanctions might lead to a chilling effect , legal commentators argue that at least such actions do not directly impoverish the marketplace of ideas . Prior restraint , on the other hand , takes an idea or material completely out of the marketplace . Thus it is often considered to be the most extreme form of censorship . The United States Supreme Court expressed this view in Nebraska Press Assn . v. Stuart by noting : </P>
<P> Prior restraint is often considered a particularly oppressive form of censorship in Anglo - American jurisprudence because it prevents the restricted material from being heard or distributed at all . Other forms of restrictions on expression ( such as actions for libel or criminal libel , slander , defamation , and contempt of court ) implement criminal or civil sanctions only after the offending material has been published . While such sanctions might lead to a chilling effect , legal commentators argue that at least such actions do not directly impoverish the marketplace of ideas . Prior restraint , on the other hand , takes an idea or material completely out of the marketplace . Thus it is often considered to be the most extreme form of censorship . The United States Supreme Court expressed this view in Nebraska Press Assn . v. Stuart by noting : </P>
why are courts so hesitant to allow prior restraint in restricting speech
why are courts so hesitant to allow prior restraint in restricting speech
because it prevents the restricted material from being heard or distributed at all
because it prevents the restricted material from being heard or distributed at all