1. There should be an absolute ban on prior restraints as a
method of assuring a fair trial, since other tools (mentioned by the
majority) can and must be used for protecting the right to a fair
a. This view differs from the majority because it would make any
restraint on the press unconstitutional per se. But prior
restraints—like for the preservation of national security—are
available in certain narrow categories, if they meet the New York
Time standard (which is very strict).
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