A city council passes a law requiring all public protests to obtain a permit from the city at least 30 days prior to the event. A group planning a demonstration argues that this law infringes on their First Amendment rights. Which of the following issues is most central to the group's constitutional challenge?
The potential for excessive penalties for non-compliance with the permit requirements
The overbreadth of the law in restricting protected speech
The vagueness of the permit requirements in defining applicable protests
The prior restraint imposed by requiring a permit before a protest occurs
The requirement to obtain a permit in advance constitutes prior restraint, which is a significant concern under the First Amendment as it prevents speech before it occurs. While overbreadth and vagueness are also relevant concerns, the primary issue is the government's act of restraining speech prior to its expression.
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What is prior restraint and why is it significant in relation to the First Amendment?
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