Although courts may order websites to remove content proven at trial to be libelous, issuing injunctions against potential future libels would likely be an unconstitutional prior restraint.

Question

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The First Amendment prohibits prior restraint, which means the government cannot censor or regulate speech before it is uttered. Issuing injunctions against potential future libels would be a form of prior restraint, and therefore would likely be unconstitutional. However, courts can still order websites to remove content that has been proven to be libelous in a trial because this is not prior restraint but rather a remedy for past harm.

Although Courts May Order Websites to Remove Content Proven at Trial