A Documentary On A Politician Essay

774 Words Sep 14th, 2015 4 Pages
A director in Louisiana was creating a documentary on a politician. This documentary was to show the candidate’s lack of integrity. The politician claimed the documentary would be “defamatory” and requested that a Louisiana judge issue a restraining order preventing the documentary from being finished and released. The Louisiana judge granted the restraining order and determined it was offensive and scandalous but also true and not defamatory. The director is trying to say that his rights have been infringed upon. The law that is applicable is the First Amendment’s freedom of speech. The First Amendment says . The judge issuing a restraining order against the director is taking away his free speech. Since the documentary is true and does not present an immediate danger it does not constitute a prior restraint. The judge issuing a restraining order is unconstitutional and the director should be allowed to produce his documentary since the First Amendment protects it.
The judge issued a prior restraint, which is a type of injunction or “a court order that prohibits a person from doing a specified act” (Trager et al., 2014, p.68). A prior restraint is when “(1) it imposes government oversight of whole categories of speech, content or publications; (2) it allows the government to choose what content is acceptable; and (3) it empowers government censors to ban content before it is distributed to the public” (Trager et al., 2014, p.67). Since he issued an injunction, it falls…

Related Documents