4 ms·

Is there such a concept in the UK?

• deleted 13y ago
  [deleted]
• mjn 13y ago
  The distinction between prior restraints (injunction preventing publication) and subsequent punishment (being prosecuted after publication) actually originates in English common law, as does the view that prior restraints are worse and should generally be disfavored. Here's what Blackstone's commentaries had to say about it in the mid-18th century: The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every free man has an undoubted right to lay what sentiments he pleases before the public; to forbid this, is to destroy the freedom of the press; but if he publishes what is improper, mischievous or illegal, he must take the consequences of his own temerity. It's true that the U.S. version of the doctrine has developed in a much stronger form, however.