a. Never before has the U.S. sought to enjoin a newspaper from publishing information in its possession.
b. Indicates that prior restraints are permissible under certain circumstances, but the standard is high. “Only governmental allegation and proof that publication must inevitably, directly, and immediately cause the occurrence of an event kindred to imperiling the safety of a transport already at sea can support even the issuance of an interim restraining order.”
c. Mere conjecture of, say, national security is not enoughThere must be proof that publication would lead to an inevitable,direct, and immediate harmful result in order to grant a priorrestrain on speech. Brennan cites info. that could lead to a nuclearholocaust as an ex. of what could be restrained (pretty toughstandard!).
d. There must be judicial scrutiny of the basis upon which a prior restraint is requested
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Supreme Court Cases and are similar to What is the Brennan concurrence?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.
What's Your Answer to "What is the Brennan concurrence?"