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    The constitutional distinction between prior restraint an... — Carmelics
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    Challenges→The MacKinnon-Dworkin ordinance was functionally equivalent to censorship in practice

    The constitutional distinction between prior restraint and post-publication civil liability is not merely procedural but reflects fundamentally different chilling effects on speech.

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    Key Terms

    Chilling effect(as used in privacy and free speech discussions)
    When people change their behavior or avoid doing certain things because they know they're being watched, even if there are no actual punishments—like staying quiet in class because the teacher is looking at you.
    Constitutional distinction(as used in legal philosophy)
    A legally important difference between two things that's recognized in a country's constitution or founding legal document.
    Post-publication civil liability(as used in free speech law)
    When someone can be sued for money damages after they've already published or said something, rather than being stopped beforehand.
    Prior restraint(as used in free speech law)
    When the government stops someone from publishing or speaking something before it's released to the public, like blocking a newspaper from printing a story.

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    Procedural(as used in political philosophy)
    Based on following the correct steps, rules, or processes, rather than focusing on whether the results are fair or good.

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    Rights & Liberty1 linked

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    The MacKinnon-Dworkin ordinance was functionally equivalent to censorship in pra...

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