According to James Hart's Sat, Mar. 03, 2007 article in The Kansas City Star, “Judge's order blocks articles about BPU”, a county circuit judge has ordered an unconstitutional prior restraint upon two Kansas City, Missouri newspapers. He writes:
A judge barred The Kansas City Star on Friday from publishing an article based on a local utility's confidential document addressing its power plant upgrades. Jackson County Circuit Judge Kelly Moorhouse also ordered the newspaper and The Pitch newsweekly to remove articles from their Web sites Friday night.
A judge barred The Kansas City Star on Friday from publishing an article based on a local utility's confidential document addressing its power plant upgrades.
Jackson County Circuit Judge Kelly Moorhouse also ordered the newspaper and The Pitch newsweekly to remove articles from their Web sites Friday night.
The posted article links to the purported temporary restraining order.
The article notes:
In Near v. Minnesota, the U.S. Supreme Court ruled that government attempts to censor the media are presumed unconstitutional. Over the years, the court has repeatedly ruled that courts can try to prevent the dissemination of information only if it presents a "clear and present danger" or a serious and imminent threat to the administration of justice.
In Near v. Minnesota, the U.S. Supreme Court ruled that government attempts to censor the media are presumed unconstitutional.
Over the years, the court has repeatedly ruled that courts can try to prevent the dissemination of information only if it presents a "clear and present danger" or a serious and imminent threat to the administration of justice.
Mr. Chief Justice Hughes delivered the opinion of the court in Near v Minnesota (1931).
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