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Prior Restraint
Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship which establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place. In some countries (e.g., United States, Argentina) prior restraint by the government is forbidden, subject to exceptions (such as classifying certain matters of national security), by their respective constitutions. Prior restraint can be effected in a number of ways. For example, the exhibition of works of art or a movie may require a license from a government authority (sometimes referred to as a classification board or censorship board) before it can be published, and the failure or refusal to grant a license is a form of censorship as is the revoking of a license. It can take the form of a le ...
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Censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments, private institutions and other controlling bodies. Governments and private organizations may engage in censorship. Other groups or institutions may propose and petition for censorship.https://www.aclu.org/other/what-censorship "What Is Censorship", ACLU When an individual such as an author or other creator engages in censorship of his or her own works or speech, it is referred to as '' self-censorship''. General censorship occurs in a variety of different media, including speech, books, music, films, and other arts, the press, radio, television, and the Internet for a variety of claimed reasons including national security, to control obscenity, pornography, and hate speech, to protect children or other vulnerable groups, to promote ...
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, Ministry (government department), ministries, government agencies, armed forces) * Acts against National symbol, state symbols * Acts against the Sovereign state, state itself * Acts against religions (e.g., blasphemy, religious discrimination, discriminatio ...
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Unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on t ...
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Scandal Sheet
Tabloid journalism is a popular style of largely sensationalist journalism (usually dramatized and sometimes unverifiable or even blatantly false), which takes its name from the tabloid newspaper format: a small-sized newspaper also known as half broadsheet. The size became associated with sensationalism, and ''tabloid journalism'' replaced the earlier label of ''yellow journalism'' and ''scandal sheets''. Not all newspapers associated with tabloid journalism are tabloid size, and not all tabloid-size newspapers engage in tabloid journalism; in particular, since around the year 2000 many broadsheet newspapers converted to the more compact tabloid format. In some cases, celebrities have successfully sued for libel, demonstrating that tabloid stories have defamed them. Publications engaging in tabloid journalism are known as rag newspapers or simply rags. Tabloid journalism has changed over the last decade to more online platforms that seek to target and engage youth consum ...
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Minnesota Gag Law
''Near v. Minnesota'', 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of " malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution (as applied through the Fourteenth Amendment). Legal scholar and columnist Anthony Lewis called ''Near'' the Court's "first great press case". It was later a key precedent in ''New York Times Co. v. United States'' (1971), in which the Court ruled against the Nixon administration's attempt to enjoin publication of the ''Pentagon Papers''.. Background of the case In 1927, Jay M. Near, who has been described as "anti-Catholic, anti-Semitic, anti-black, and anti-labor" began publishing '' The Saturday Press'' in Minn ...
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Graft (politics)
Graft, as understood in American English, is a form of political corruption defined as the unscrupulous use of a politician's authority for personal gain. Political graft occurs when funds intended for public projects are intentionally misdirected in order to maximize the benefits to private interests. Political graft functions when the public officer is directed to purchase goods or services from a specific private interest at a cost far above regular market rates. The private interest then siphons some of the gratuitous profits to government officials who are able to ensure that future government spending continues in the same fashion so that this lucrative relationship continues. A member of a government may misappropriate directly from government funds, but they may also make decisions benefiting their own private economic interests by using inside knowledge of upcoming government decisions to their benefit, in a manner similar to insider trading. Although the confl ...
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Racketeering
Racketeering is a type of organized crime in which the perpetrators set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a "racket") to repeatedly or consistently collect a profit. Originally and often still specifically, racketeering may refer to an organized criminal act in which the perpetrators offer a service that will not be put into effect, offer a service to solve a nonexistent problem, or offer a service that solves a problem that would not exist without the racket. However, racketeers may offer an ostensibly effectual service to solve an existing problem. The traditional and historically most common example of such a racket is the " protection racket", in which racketeers offer to protect a business from robbery or vandalism; however, the racketeers will themselves coerce or threaten the business into accepting this service, often with the threat (implicit or otherwise) that failure to acquire the offered services will lea ...
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Gambling
Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three elements to be present: consideration (an amount wagered), risk (chance), and a prize. The outcome of the wager is often immediate, such as a single roll of dice, a spin of a roulette wheel, or a horse crossing the finish line, but longer time frames are also common, allowing wagers on the outcome of a future sports contest or even an entire sports season. The term "gaming" in this context typically refers to instances in which the activity has been specifically permitted by law. The two words are not mutually exclusive; ''i.e.'', a "gaming" company offers (legal) "gambling" activities to the public and may be regulated by one of many gaming control boards, for example, the Nevada Gaming Control Board. However, this distinction is not u ...
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The Saturday Press (Minneapolis)
''The Saturday Press'' was the name of a newspaper, established in 1927 by Jay M. Near and Howard A. Guilford, and published in Minneapolis, Minnesota. The newspaper was run by Jay Near, who was an allegedly anti-Semitic, anti-labor and anti-Communist small-time editor. Daniel B. Moskowitz describes it as having "traded in sensationalism, filling columns with a mishmash of pioneering exposes of public corruption and totally unsubstantiated calumny." Floyd B. Olson, the future governor of Minnesota, brought a suit against Near and Guilford because their newspaper had an overly anti-Semitic tone, which Olsen claimed was a violation of the Public Nuisance Law, also known as the Minnesota Gag Law, of 1925. The scandal sheet published countless exposes until it was shut down in 1927 by the Gag Law. In 1931, the historic U.S. Supreme Court case '' Near v. Minnesota'' struck the statute as unconstitutional. Prior restraint laws have never fared well in courts since, including the ca ...
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Near V
NEAR or Near may refer to: People * Thomas J. Near, US evolutionary ichthyologist * Near, a developer who created the higan emulator Science, mathematics, technology, biology, and medicine * National Emergency Alarm Repeater (NEAR), a former alarm device to warn civilians of a foreign nuclear attack on the United States * National Emergency Airway Registry (NEAR), a patient registry for intubations in the United States * Nicking enzyme amplification reaction (NEAR), a method of DNA amplification * NEAR Shoemaker, a spacecraft that studied the near-Earth asteroid Eros * Nearness or proximity space *"Near", a city browser by NearGlobal Television, film, music, and books * Near (Death Note) The manga series ''Death Note'' features an extensive cast of fictional characters designed by Takeshi Obata with their storylines created by Tsugumi Ohba."How to Think." ''Death Note: How to Read 13''. VIZ Media. 59. The story follows the nov ..., ''Nate River'', a character Othe ...
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Nebraska Press Assn
Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwest; and Wyoming to the west. It is the only triply landlocked U.S. state. Indigenous peoples, including Omaha people, Omaha, Missouria, Ponca, Pawnee people, Pawnee, Otoe tribe, Otoe, and various branches of the Lakota people, Lakota (Sioux) tribes, lived in the region for thousands of years before European exploration. The state is crossed by many historic trails, including that of the Lewis and Clark Expedition. Nebraska's area is just over with a population of over 1.9 million. Its state capital, capital is Lincoln, Nebraska, Lincoln, and its largest city is Omaha, Nebraska, Omaha, which is on the Missouri River. Nebraska was admitted into the United States in 1867, two years after the end of the American Civil War. The Nebraska Legisl ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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