What does the term "prior restraint" refer to in the context of judicial suppression?

The term "prior restraint" in the context of judicial suppression specifically refers to government actions that prevent the publication of material before it has been disseminated. This practice is often considered a violation of the First Amendment rights, particularly concerning freedom of speech and press. When the government seeks to stop the publication of material viewed as harmful or libelous before it is made public, it is exercising prior restraint.

This concept is rooted in key Supreme Court cases, such as Near v. Minnesota, which established that preemptively preventing publication is generally unconstitutional, except in extraordinary circumstances, such as national security concerns. The focus of prior restraint is on the government's attempt to censor, indicating a deep concern for unfettered expression in a democratic society. Hence, the connection to the prevention of publication aligns precisely with the definition of prior restraint.