Author: JT Smith
Slashdot links to the decision of a California court of appeal overturning a lower court ruling barring Web sites from publishing the DeCSS Linux DVD-playing code. Here’s a quote from the opinion: “In the case of
a prior restraint on pure speech, the hurdle is substantially higher [than for an ordinary
preliminary injunction]: publication must threaten an interest more fundamental than the
First Amendment itself. Indeed, the Supreme Court has never upheld a prior restraint,
even faced with the competing interest of national security or the Sixth Amendment right
to a fair trial.”
a prior restraint on pure speech, the hurdle is substantially higher [than for an ordinary
preliminary injunction]: publication must threaten an interest more fundamental than the
First Amendment itself. Indeed, the Supreme Court has never upheld a prior restraint,
even faced with the competing interest of national security or the Sixth Amendment right
to a fair trial.”
