General Discussion
In reply to the discussion: We Are Not Advocates Of the NSA Or Police States. We Are Reality Based & Advocate Facts [View all]The Magistrate
(95,255 posts)It does establish that were someone to pass a law today which allowed direct censoring of a newspaper, or other media outlet, on ground it was defamatory, malicious, etc., the first court to which an appeal for an injunction was made would be bound to grant an injunction against its enforcement, and that the result of review of the law would be that it would be thrown out. It does not by any means state that a person may disregard such a law without immediate consequence, absent an injunction against its enforcement. An editor, in other words, could well find himself appealing from a cell; he would win, but he could be taken into custody if the law provided for that, in the interval between its passage and the issuance of an injunction staying enforcement. He would not have a case for false arrest, any more than would a person, say, arrested for possession of marijuana by state authorities the day before a law making possession legal went into effect would.