A state passes a law that prohibits the publication of any material critical of public officials unless such material is first approved by a government review board. A local newspaper challenges the law, arguing it violates its constitutional rights. Which principle is most relevant in determining whether the law is valid?
The establishment clause, which prevents the government from endorsing or privileging one viewpoint over another
The privilege against self-incrimination, which protects individuals from being forced to provide evidence against themselves
Prior restraint, which prohibits the government from suppressing speech in advance of publication
Procedural due process, which ensures that individuals receive fair procedures when rights are restricted
The law violates the principle of prior restraint, which is a fundamental limitation on government power under the First Amendment. Prior restraint refers to government actions that prohibit speech or publication before it occurs. The Supreme Court has held that such restrictions are presumptively unconstitutional because they impose a severe limitation on freedom of expression. Exceptions to this rule are exceedingly narrow and include matters like national security and public order, which are not implicated in this case. Other answers are incorrect because they either mischaracterize the First Amendment principles or describe doctrines not applicable to this fact scenario.
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