Prior Review & Prior Restraint

Is someone at your institution, such as an administrator, outside your staff asking to look at the content of your publication before it is published or distributed?

Prior Review & Prior Restraint

Great. Sounds like you aren't dealing with a prior review issue. Now, let's see if you're facing a prior restraint issue.

Has someone outside your publication staff (such as a college/university/school administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

Are you at a public or private institution?

Prior Review & Prior Restraint

Is the editor of the publication a student or a faculty member/teacher?

Prior Review & Prior Restraint

pause

This is probably not considered a student publication, legally. Generally, the rights of a publication vest in its editor. If the editor is a faculty member or teacher, it would be that person who ultimately holds the First Amendment rights of the publication, and those rights will be subject to a different set of analyses than are covered in this module.

Prior Review & Prior Restraint

Are you in high school or college?

Prior Review & Prior Restraint

Because state law in your state protects the expressive rights of private high school journalists, the school probably cannot demand that you allow them to review the content of your publication before it is published or distributed. In other words, you can decline to give this person pre-publication access.

What this person is trying to do is called "prior review," and demanding prior review is generally proscribed by the First Amendment. Please contact the Student Press Law Center for help.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Does school policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

Do students receive course credit for participation in this publication?

Prior Review & Prior Restraint

Good to know. Your publication is probably editorially independent, then, since it's not part of the college's curriculum.

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a school administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

Is your publication editorially independent by practice?

Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact the Student Press Law Center.

Prior Review & Prior Restraint

Does school policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey. However, since you're still encountering prior review, please contact the Student Press Law Center for help.

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

The school probably cannot demand that you allow them to review the content of your publication before it is published or distributed. In other words, you can decline to give this person pre-publication access.

What this person is trying to do is called "prior review," and demanding prior review is generally proscribed by the First Amendment. Please contact the Student Press Law Center for help.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Is your publication editorially independent by practice?

Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact the Student Press Law Center.

Prior Review & Prior Restraint

Does college or university policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a school administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey. However, since you're still encountering prior review, please contact the Student Press Law Center for help.

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

pause

This is what is referred to as a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with the request would subject you to punishment.

While prior restraint is generally unconstitutional, in some limited instances, high school administrators are allowed to prevent you from publishing certain content. However, this is a complicated legal analysis, so it would be best for you to speak with someone who can help you think through these issues. Please contact the Student Press Law Center's hotline.

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

If you do not comply and end up facing sanctions, please contact the Student Press Law Center.

Prior Review & Prior Restraint

School officials can probably demand that you allow them to review the content of your publication before it is published or distributed.

Under Hazelwood v. Kuhlmeier, student publications that are part of the curriculum and bear the school's imprimatur—in other words, have the school's name on them or otherwise seam to be endorsed by the school—are subject to oversight by the school. Thus, officials can likely legally review your content in order to exercise this oversight.

However, just because something is legally allowed doesn't mean it is wise. Teaching the next generation of journalists that censorship is an acceptable norm is detrimental to the education that student publications purport to provide. Thus, while your legal options are likely limited, you can certainly speak with administrators to try to reason with them about why censorship isn't smart.

That said, this can be a complicated legal analysis, so please reach out to the Student Press Law Center for help determining your best next steps.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey.

However, if you disobey and face repercussions, or later fear you might, it would be a good idea to contact the Student Press Law Center.

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

If you do not comply and end up facing sanctions, please contact the Student Press Law Center.

Prior Review & Prior Restraint

Is your publication editorially independent by practice?

Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact FIRE.

Prior Review & Prior Restraint

Since your publication is editorially independent, college/university officials likely cannot demand that you allow them to review the content of your publication before it is published or distributed. In other words, you can decline to give this person pre-publication access.

What this person is trying to do is called "prior review," and demanding prior review is generally proscribed by the First Amendment. Please contact FIRE for help.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a school administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

Because your publication is part of your college or university curriculum and is not editorially independent, college/university officials may be able to demand that you allow them to review the content of your publication before it is published or distributed.

The Supreme Court has never addressed this question of prior review of curricular publications in the college setting, so this can be a complicated analysis, so it would be good to double check with FIRE by submitting a case.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a college/university administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

Are you in Illinois or Washington State?

Prior Review & Prior Restraint

Is your publication made generally available (such as online or in print) to the student body?

Prior Review & Prior Restraint

Great. State law dictates that student publications that are made generally available to the student body cannot be subject to mandatory prior review.

In this context, college/university officials likely cannot demand that you allow them to review the content of your publication before it is published or distributed. In other words, you can decline to give this person pre-publication access.

What this person is trying to do is called "prior review," and demanding prior review is generally proscribed by the First Amendment. Please contact FIRE for help.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a college/university administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

pause

This is what is referred to as a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with the request would subject you to punishment.

While prior restraint is generally unconstitutional, in some limited instances, high school administrators are allowed to prevent you from publishing certain content. However, this is a complicated legal analysis, so it would be best for you to speak with someone who can help you think through these issues. Please contact the Student Press Law Center's hotline.

Prior Review & Prior Restraint

Are you in Arkansas, California, Colorado, Illinois, Iowa, Kansas, Maryland, Massachusetts, Nevada, North Dakota, Oregon, Rhode Island, Vermont, or Washington State?

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey.

However, if you disobey and face repercussions, or later fear you might, it would be a good idea to contact FIRE.

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

Is your publication made generally available (such as online or in print) to the student body?

Prior Review & Prior Restraint

pause

At an independent publication, what you're describing would be considered an unconstitutional prior restraint. However, because your publication is part of your college or university curriculum and is not editorially independent, the analysis may be different. College/university officials may be able to demand that you allow them to review the content of your publication before it is published or distributed.

As with the question of prior review, the Supreme Court has never addressed the question of prior restraint of curricular collegiate publications. However, some courts have discussed the upper limits of how colleges and universities may regulate the content of curricular student publications. This can be a complicated analysis, so it would be good to double check with FIRE by submitting a case.

Prior Review & Prior Restraint

pause

Please call the Student Press Law Center for help, as this looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment.

For independent student publications at public high schools, prior restraints are unconstitutional. The analysis is a bit more complicated for you, however, since your publication is curricular. That said, you are in a state with extra protections for student journalists, so it would be best to talk through the situation with someone who can discuss the complicated issues involved in more detail.

Prior Review & Prior Restraint

pause

Please call FIRE (717-734-SPFI) for help, as this looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment.

For independent student publications at public colleges, prior restraints are unconstitutional. The analysis is a bit more complicated for you, however, since your publication is curricular. That said, you are in a state with extra protections for student journalists, so it would be best to talk through the situation with someone who can discuss the complicated issues involved in more detail.

Prior Review & Prior Restraint

Is your publication made generally available (such as online or in print) to the student body?

Prior Review & Prior Restraint

Are you in Arkansas, Maryland, North Dakota, Oregon, or Vermont?

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm to people, such as by threatening national security?

Prior Review & Prior Restraint

pause

Please call FIRE (717-734-SPFI) for help, as this looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment.

For independent student publications at public colleges, prior restraints are unconstitutional. The analysis is a bit more complicated for you, however, since your publication is curricular. That said, you are in a state with extra protections for student journalists, so it would be best to talk through the situation with someon who can guide you through the complicated legal analysis.

Prior Review & Prior Restraint

pause

The university may be able to prevent you from publishing this. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.

Prior Review & Prior Restraint

pause

Please call FIRE (717-734-SPFI) for help, as this looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment.

Under the First Amendment, government officials—including school administrators—generally may not enact prior restraints. Prior restraints are "the most serious and least tolerable infringement" of free speech. The exceptions are in cases where the publication may cause "direct, immediate, and irreparable damage to our Nation or its people." Since this is not the case with your content, this prior restraint is likely unconstitutional.

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm, to people, such as by threatening national security?

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a college/university dministrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey.

However, Please contact FIRE for help on your prior review issue.

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm to people, such as by threatening national security?

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

pause

This is what is referred to as a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with the request would subject you to punishment.

While prior restraint is generally disallowed under state statute, in some limited instances, high school administrators are allowed to prevent you from publishing certain content. However, this is a complicated legal analysis, so it would be best for you to speak with someone who can help you think through these issues. Please contact the Student Press Law Center's hotline.

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

If you do not comply and end up facing sanctions, please contact the Student Press Law Center.

Prior Review & Prior Restraint

School officials can probably demand that you allow them to review the content of your publication before it is published or distributed.

While state law in California protects the expressive rights of journalists at private high schools, your rights are generally commensurate with high school journalists at public schools. However, under Hazelwood v. Kuhlmeier, student publications that are part of the curriculum and bear the school's imprimatur—in other words, have the school's name on them or otherwise seem to be endorsed by the school are subject to oversight by the school. Thus, officials can likely legally review your content in order to exercise this oversight.

However, just because something is legally allowed doesn't mean it is wise. Teaching the next generation of journalists that censorship is an acceptable norm is detrimental to the education that student publications purport to provide. Thus, while your legal options are likely limited, you can certainly speak with administrators to try to reason with them about why censorship isn't smart.

That said, this can be a complicated legal analysis, so please reach out to the Student Press Law Center for help determining your best next steps.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey.

However, if you disobey and face repercussions, or later fear you might, it would be a good idea to contact the Student Press Law Center.

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a school administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

pause

At an independent publication, what you're describing would likely be considered an illegal prior restraint. However, because your publication is part of your high school curriculum and is not editorially independent, the analysis may be different.

As with the question of prior review, the Supreme Court has never addressed the question of prior restraint of curricular publications in the college setting. However, some courts have discussed the upper limits of how colleges and universities may regulate the content of curricular student publications. Therefore, because this can be a complicated analysis, so it would be good to double check with the Student Press Law Center by calling their hotline.

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

If you do not comply and end up facing sanctions, please contact the Student Press Law Center.

Prior Review & Prior Restraint

pause

At an independent publication, what you're describing would be considered an unconstitutional prior restraint. However, because your publication is part of your college or university curriculum and is not editorially independent, the analysis may be different. College/university officials may be able to demand that you allow them to review the content of your publication before it is published or distributed.

As with the question of prior review, the Supreme Court has never addressed the question of prior restraints on curricular publications in the college setting. However, some courts have discussed the upper limits of how colleges and universities may regulate the content of curricular student publications. Therefore, since this can be a complicated analysis, so it would be good to double check with FIRE by submitting a case.

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

If you do not comply and end up facing sanctions, Please contact FIRE.

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey.

However, if you disobey and face repercussions, or later fear you might, it would be a good idea to contact FIRE.

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm, to people, such as by threatening national security?

Prior Review & Prior Restraint

pause

It appears your publication is not an independent student publication, so the university may have additional latitude to restrict the content of your publication. In this context, even at an independent publication, the university may be able to prevent you from publishing this type of content. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a college/university administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

pause

The university may be able to prevent you from publishing this type of content. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.

Prior Review & Prior Restraint

Because your publication is part of your college or university curriculum and is not editorially independent, college/university officials may be able to demand that you allow them to review the content of your publication before it is published or distributed.

The Supreme Court has never addressed the question of prior review of curricular publications in the college setting. Therefore, since this can be a complicated analysis, it would be good to double check with FIRE by submitting a case.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Is the publication editorially independent by practice? Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact FIRE, and we'll be happy to help!

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm to people, such as by threatening national security?

Prior Review & Prior Restraint

pause

Please call FIRE (717-734-SPFI) for help, as this looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment.

Under the First Amendment, government officials—including school administrators—generally may not enact prior restraints. Prior restraints are "the most serious and least tolerable" infringement of free speech. The exceptions are in cases where the publication may cause "direct, immediate, and irreparable damage to our Nation or its people." Since this is not the case with your content, this prior restraint is likely unconstitutional.

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

If you do not comply and end up facing sanctions, Please contact FIRE.

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey.

However, Please contact FIRE for help on your prior review issue.

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a college/university administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

pause

Because state law in your state protects the expressive rights of private high school journalists, the school is limited in what content it may remove before publication.

This is what is referred to as a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with the request would subject you to punishment.

While prior restraint is generally proscribed by state law, in some limited instances, high school administrators are allowed to prevent you from publishing certain content. However, this is a complicated legal analysis, so it would be best for you to speak with someone who can help you think through these issues. Please contact the Student Press Law Center's hotline.

Prior Review & Prior Restraint

If your publication is produced as part of a class, is it disseminated outside of that class?

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

Prior Review & Prior Restraint

Since your publication is editorially independent, college/university officials likely cannot demand that you allow them to review the content of your publication before it is published or distributed. In other words, you can decline to give this person pre-publication access.

What this person is trying to do is called "prior review," and demanding prior review is generally proscribed by the First Amendment. Please contact FIRE for help.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Good to know. Your publication is probably editorially independent, then, since it's not part of the college's curriculum.

Prior Review & Prior Restraint

Does college or university policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

Do students receive course credit for participation in this publication?

Prior Review & Prior Restraint

Are you in high school or college?

Prior Review & Prior Restraint

Great. California has special laws that protect journalists at private institutions in some situations. Is the editor of the publication a student or a faculty member/teacher?

Prior Review & Prior Restraint

pause

This is probably not considered a student publication, legally. Generally, the rights of a publication vest in its editor. If the editor is a faculty member or teacher, it would be that person who ultimately holds the First Amendment rights of the publication, and those rights will be subject to a different set of analyses than are covered in this module.

Prior Review & Prior Restraint

School officials can probably demand that you allow them to review the content of your publication before it is published or distributed.

Neither the First Amendment nor state law in your state protect the expressive rights of student journalists at private high schools. Thus, officials can likely legally review your content before publication.

However, just because something is legally allowed doesn't mean it is wise. Teaching the next generation of journalists that censorship is an acceptable norm is detrimental to the education that student publications purport to provide. Thus, while your legal options are likely limited, you can certainly speak with administrators to try to reason with them about why censorship isn't smart.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Are you in California?

Prior Review & Prior Restraint

Are you in high school or college?

Prior Review & Prior Restraint

pause

This is probably not considered a student publication, legally. Generally, the rights of a publication vest in its editor. If the editor is a faculty member or teacher, it would be that person who ultimately holds the First Amendment rights of the publication, and those rights will be subject to a different set of analyses than are covered in this module.

Prior Review & Prior Restraint

Does your institution have a policy promising students free expression rights on campus in general, or for your publication specifically?

Tip: Try searching your student handbook and publication policies for "expression" or "speech."

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a school administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey.

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

Are you in Rhode Island?

Prior Review & Prior Restraint

School officials can probably demand that you allow them to review the content of your publication before it is published or distributed. Neither the First Amendment nor state law in your state protect the expressive rights of student journalists at private colleges. Therefore, because your institution does not have a policy promising expressive rights, officials can likely legally review your content before publication.

However, just because something is legally allowed doesn't mean it is wise. Teaching the next generation of journalists that censorship is an acceptable norm is detrimental to the education that student publications purport to provide. Thus, while your legal options are likely limited, you can certainly speak with administrators to try to reason with them about why censorship isn't smart.

That said, this can be a complicated legal analysis, so please reach out to the Student Press Law Center for help determining your best next steps.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

Prior Review & Prior Restraint

pause

Because neither the First Amendment nor state law in your state protect the expressive rights of student journalists at private high schools, unfortunately, school officials can probably demand that you not publish certain content or on certain subjects.

However, just because something is legally allowed doesn't mean it is wise. Teaching the next generation of journalists that censorship is an acceptable norm is detrimental to the education that student publications purport to provide. Thus, while your legal options are likely limited, you can certainly speak with administrators to try to reason with them about why censorship isn't smart.

Prior Review & Prior Restraint

pause

Because neither the First Amendment nor state law in your state protect the expressive rights of student journalists at private high schools, unfortunately, school officials can probably demand that you not publish certain content or on certain subjects.

However, just because something is legally allowed doesn't mean it is wise. Teaching the next generation of journalists that censorship is an acceptable norm is detrimental to the education that student publications purport to provide. Thus, while your legal options are likely limited, you can certainly speak with administrators to try to reason with them about why censorship isn't smart.

Prior Review & Prior Restraint

pause

Please call FIRE (717-734-SPFI) for help, as this looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because your institution has a policy protecting the expressive rights of either students generally or student journalists, it is contractually bound to similar restrictions as government actors when it comes to regulation of student media.

In this situation, public college administrators generally would not be allowed to enact prior restraints. Under the First Amendment, government officials—including school administrators—generally may not enact prior restraints. Prior restraints are "the most serious and least tolerable infringement" of free speech. The exceptions are in cases where the publication may cause "direct, immediate, and irreparable damage to our Nation or its people."

Since this is not the case with your content, this prior restraint would likely be unconstitutional at a public institution, and is therefore likely a violation of policy at an institution—such as yours—that promises expressive rights.

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm to people, such as by threatening national security?

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you do not publish particular content, making you fear sanctions if you disobey.

Prior Review & Prior Restraint

Does college or university policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

Is the editor of the publication a student or a faculty member?

Prior Review & Prior Restraint

Do students receive course credit for participation in this publication?

Prior Review & Prior Restraint

Does college or university policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

Good to know. Your publication is probably editorially independent, then, since it's not part of the college's curriculum. And since your college promises to respect students' expressive rights, your college has an obligation to uphold those promsises by extending you expressive freedoms.

Prior Review & Prior Restraint

Since your publication is editorially independent and your institution promises students expressive freedoms, college/university officials likely cannot demand that you allow them to review the content of your publication before it is published or distributed. In other words, you can decline to give this person pre-publication access.

What this person is trying to do is called "prior review," and demanding prior review is proscribed by any reasonable interpretation of expressive freedoms. Please contact FIRE for help.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a school administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

pause

The university may be able to prevent you from publishing this. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

While your institution is not a public institution, it has made promises of free expression for students generally or for student journalists specifically, so it is contractually bound to similar restrictions as government actors. However, in this situation, even government actors may be able to act to censor this content.

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

If you do not comply and end up facing sanctions, Please contact FIRE.

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a college/university administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when an official asks that you not publish particular content, making you fear sanctions if you disobey.

However, Please contact FIRE for help on your prior review issue.

Prior Review & Prior Restraint

Is the publication editorially independent by practice? Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact FIRE, and we'll be happy to help!

Prior Review & Prior Restraint

pause

Because your publication is part of your college or university curriculum and is not editorially independent, college/university officials may be able to demand that you allow them to review the content of your publication before it is published or distributed, even though your university has a policy promising expressive rights to students.

However, this can be a complicated analysis, so it would be good to double check with FIRE by submitting a case.

Now, let's see if you're also facing a prior restraint issue.

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

Great. Sounds like you aren't dealing with a prior review issue. Now, let's see if you're facing a prior restraint issue.

Has someone outside your publication staff (such as a college/university/school administrator) asked you not to publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

publish

This request is likely not considered a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because you are free to not comply with the request and do not fear sanctions, this doesn't look like a prior restraint.

If you do not comply and end up facing sanctions, Please contact FIRE.

Prior Review & Prior Restraint

publish

Great. Doesn't look like you are facing prior restraint, which occurs when a school official asks that a student publication not publish particular content, making you fear sanctions if you disobey.

When they occur against independent student publications at public institutions, prior restraints violate the First Amendment. At private institutions, they often violate college or university policy. And, in California, prior restraints at private institutions may even violate state law.

Be sure to visit again if you think you might be facing a prior review or prior restraint issue.

Prior Review & Prior Restraint

pause

This is probably not considered a student publication, legally. Generally, the rights of a publication vest in its editor. If the editor is a faculty member or teacher, it would be that person who ultimately holds the First Amendment rights of the publication, and those rights will be subject to a different set of analyses than are covered in this module.

Prior Review & Prior Restraint

Is the editor of the publication a student or a faculty member/teacher?

Prior Review & Prior Restraint

Are you at a public or private institution?

Prior Review & Prior Restraint

Are you in high school or college?

Prior Review & Prior Restraint

Does college/university policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

pause

This is what is referred to as a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with the request would subject you to punishment.

While prior restraint is generally unconstitutional, in some limited instances, high school administrators are allowed to prevent you from publishing certain content. However, this is a complicated legal analysis, so it would be best for you to speak with someone who can help you think through these issues. Please contact the Student Press Law Center's hotline.

Prior Review & Prior Restraint

Do students receive course credit for participation in this publication?

Prior Review & Prior Restraint

Has someone outside your publication staff (such as a college/university administrator) asked you not o publish a particular content item or not to publish about a particular topic?

Prior Review & Prior Restraint

Are you in California or Rhode Island?

Prior Review & Prior Restraint

Are you in high school or college?

Prior Review & Prior Restraint

Does your institution have a policy promising students free expression rights on campus in general, or for your publication specifically?

Tip: Try searching your student handbook and publication policies for "expression" or "speech."

Prior Review & Prior Restraint

Is the editor of the publication a student or a faculty member?

Prior Review & Prior Restraint

Do students receive course credit for participation in this publication?

Prior Review & Prior Restraint

Does college or university policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

Good to know. Your publication is probably editorially independent, then, since it's not part of the college's curriculum. And since your college promises to respect students' expressive rights, your college has an obligation to uphold those promsises by extending you expressive freedoms.

Prior Review & Prior Restraint

Is the publication editorially independent by practice? Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact FIRE, and we'll be happy to help!

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm to people, such as by threatening national security?

Prior Review & Prior Restraint

Does college or university policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

pause

Because neither the First Amendment nor state law in your state protect the expressive rights of student journalists at private high schools, unfortunately, school officials can probably demand that you not publish certain content or on certain subjects.

However, just because something is legally allowed doesn't mean it is wise. Teaching the next generation of journalists that censorship is an acceptable norm is detrimental to the education that student publications purport to provide. Thus, while your legal options are likely limited, you can certainly speak with administrators to try to reason with them about why censorship isn't smart.

Prior Review & Prior Restraint

pause

Because neither the First Amendment nor state law in your state protect the expressive rights of student journalists at private colleges/universities, unfortunately, college/university officials can probably demand that you not publish certain content or on certain subjects.

However, just because something is legally allowed doesn't mean it is wise. Teaching the next generation of journalists that censorship is an acceptable norm is detrimental to the education that student publications purport to provide. Thus, while your legal options are likely limited, you can certainly speak with administrators to try to reason with them about why censorship isn't smart.

Prior Review & Prior Restraint

pause

Please call FIRE (717-734-SPFI) for help, as this looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Because your institution has a policy protecting the expressive rights of either students generally or student journalists, it is contractually bound to similar restrictions as government actors when it comes to regulation of student media.

In this situation, public college administrators generally would not be allowed to enact prior restraints. Under the First Amendment, government officials—including school administrators—generally may not enact prior restraints. Prior restraints are "the most serious and least tolerable infringement" of free speech. The exceptions are in cases where the publication may cause "direct, immediate, and irreparable damage to our Nation or its people."

Since this is not the case with your content, this prior restraint would likely be unconstitutional at a public institution, and is therefore likely a violation of policy at an institution such as yours that promises expressive rights.

Prior Review & Prior Restraint

pause

The university may be able to prevent you from publishing this. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

While your institution is not a public institution, it has made promises of free expression for students generally or for student journalists specifically, so it is contractually bound to similar restrictions as government actors. However, in this situation, even government actors may be able to act to censor this content.

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.

Prior Review & Prior Restraint

Good to know. Your publication is probably editorially independent, then, since it's not part of the college's curriculum.

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm to people, such as by threatening national security?

Prior Review & Prior Restraint

Is the publication editorially independent by practice? Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact FIRE, and we'll be happy to help!

Prior Review & Prior Restraint

Do you fear, or do you think a reasonable student would fear, that not complying with the institution's request to read the content before publication will result in sanctions, such as reduced funding, consequences for your advisor, or increased difficulty accessing sources?

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm, to people, such as by threatening national security?

Prior Review & Prior Restraint

Great. Rhode Island and California have special laws that protect journalists at private institutions in some situations.

Is the editor of the publication a student or a faculty member/teacher?

Prior Review & Prior Restraint

pause

This is probably not considered a student publication, legally. Generally, the rights of a publication vest in its editor. If the editor is a faculty member or teacher, it would be that person who ultimately holds the First Amendment rights of the publication, and those rights will be subject to a different set of analyses than are covered in this module.

Prior Review & Prior Restraint

pause

At a public institution or a private institution that promises expressive rights for students or student journalists, what you're describing would be considered an unconstitutional prior restraint. However, because your institution is a private institution that does not promise expressive freedoms for students or student journalists, the analysis is likely different. College or university officials may be able to demand that you allow them to review the content of your publication before it is published or distributed.

However, as with the question of prior review, this can be a complicated analysis, so it would be good to double check with FIRE by submitting a case.

Prior Review & Prior Restraint

pause

Because state law in your state protects the expressive rights of private high school journalists, the school is limited in what content it may remove before publication.

This is what is referred to as a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with the request would subject you to punishment.

While prior restraint is generally proscribed by state law, in some limited instances, high school administrators are allowed to prevent you from publishing certain content. However, this is a complicated legal analysis, so it would be best for you to speak with someone who can help you think through these issues. Please contact the Student Press Law Center's hotline.

Prior Review & Prior Restraint

If your publication is produced as part of a class, is it disseminated outside of that class?

Prior Review & Prior Restraint

pause

At an independent publication, what you're describing would likely be considered an illegal prior restraint. However, because your publication is part of your high school curriculum and is not editorially independent, the analysis may be different.

As with the question of prior review, the Supreme Court has never addressed this question in the college setting. However, some courts have discussed the upper limits of how colleges and universities may regulate the content of curricular student publications. This can be a complicated analysis, so it would be good to double check with the Student Press Law Center by calling their hotline.

Prior Review & Prior Restraint

Are you in Rhode Island?

Prior Review & Prior Restraint

Is the publication editorially independent by practice? Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact the Student Press Law Center.

Prior Review & Prior Restraint

Does school policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

Are you in high school or college?

Prior Review & Prior Restraint

Are you in Arkansas, Illinois, Maryland, North Dakota, Oregon, Vermont, or Washington State?

Prior Review & Prior Restraint

Is your publication made generally available (such as online or in print) to the student body?

Prior Review & Prior Restraint

pause

This looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment. Please call FIRE (717-734-SPFI) for help!

Under the First Amendment, government officials including school administrators generally may not enact prior restraints. Prior restraints are "the most serious and least tolerable infringement" of free speech. The exceptions are in cases where the publication may cause "direct, immediate, and irreparable damage to our Nation or its people." Since this is not the case with your content, this prior restraint is likely unconstitutional.

Prior Review & Prior Restraint

pause

The university may be able to prevent you from publishing this. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm to people, such as by threatening national security?

Prior Review & Prior Restraint

Do students receive course credit for participation in this publication?

Prior Review & Prior Restraint

Are you in Rhode Island?

Prior Review & Prior Restraint

Good to know. Your publication is probably editorially independent, then, since it's not part of the college's curriculum.

Prior Review & Prior Restraint

pause

At an independent publication, what you're describing would be considered an unconstitutional prior restraint. However, because your publication is part of your college or university curriculum and is not editorially independent, the analysis may be different. College/university officials may be able to demand that you allow them to review the content of your publication before it is published or distributed.

As with the question of prior review, the Supreme Court has never addressed this question in the college setting. However, some courts have discussed the upper limits of how colleges and universities may regulate the content of curricular student publications. Since this can be a complicated analysis, it would be good to double check with FIRE by submitting a case.

Prior Review & Prior Restraint

pause

The university may be able to prevent you from publishing this. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.

Prior Review & Prior Restraint

If your publication is produced as part of a class, is it disseminated outside of that class?

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm, to people, such as by threatening national security?

Prior Review & Prior Restraint

pause

Please call FIRE (717-734-SPFI) for help, as this looks like a prior restraint, which occurs when an official requests that you not publish content in a way that causes you to fear that not complying with this request would subject you to punishment.

Under the First Amendment, government officials including school administrators generally may not enact prior restraints. Prior restraints are "the most serious and least tolerable infringement" of free speech. The exceptions are in cases where the publication may cause "direct, immediate, and irreparable damage to our Nation or its people." Since this is not the case with your content, this prior restraint is likely unconstitutional.

Prior Review & Prior Restraint

Does college or university policy, your publication constitution, your publication bylaws, or other policy establish your publication as editorially independent or designate your publication as an "open forum"?

Prior Review & Prior Restraint

Is the publication editorially independent by practice? Sometimes, it can be hard to tell if your publication is independent or not. Some attributes that weigh in favor of independence include:

  • Your publication is extracurricular and not made during class time
  • Your publication is circulated beyond a single classroom
  • Your publication doesn't have your school's name on it
  • There's no historical practice of the school deciding what can and can't be published in your publication
  • Your editors are chosen by student staff members

You don't need all of these things, or even most of them, to be present in order to be considered editorially independent. The real question is, taking the whole context into consideration, does the history or policies of your publication and/or school indicate that students—not the school—should hold ultimate authority over the publication's content?

Need help figuring this out? Contact FIRE, and we'll be happy to help!

Prior Review & Prior Restraint

pause

The university may be able to prevent you from publishing this. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.

Prior Review & Prior Restraint

Is the content the officials are trying to prevent likely to create "direct, immediate, and irreparable" physical harm, to people, such as by threatening national security?

Prior Review & Prior Restraint

pause

At an independent publication, what you're describing would likely be considered an illegal prior restraint. However, because your publication is part of your college or university curriculum and is not editorially independent, the analysis may be different.

As with the question of prior review, the Supreme Court has never addressed the question of prior restraint of curricular publications in the college setting. However, some courts have discussed the upper limits of how colleges and universities may regulate the content of curricular student publications. Therefore, because this can be a complicated analysis, so it would be good to double check with FIRE by submitting a case.

Prior Review & Prior Restraint

pause

It appears your publication is not an independent student publication, so the university may have additional latitude to restrict the content of your publication. In this context, even at an independent publication, the university may be able to prevent you from publishing this type of content. In New York Times v. United States, the Supreme Court determined that government actors (such as officials at state universities) may only restrain the publication of content that will cause "direct, immediate and irreparable damage to our Nation or its people."

However, this can be a complex analysis, so it'd be good to have a conversation about it. Please reach out to FIRE for help.