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Labeling respondents' action a prior restraint does not end the naming tools inquiry. Prior restraints are not unconstitutional per se. Any system of prior restraint, however, "comes naming tools to this Court bearing a heavy presumption against its constitutional validity." In order to be held lawful, respondents' action, first, must fit within one of the narrowly defined exceptions to the prohibition against prior restraints, and, second, must have been accomplished with naming tools procedural safeguards that reduce the danger of suppressing constitutionally protected speech..... The settled rule is that a system of prior restraint "avoids constitutional infirmity only if it takes place under procedural safeguards designed to obviate the dangers of a censorship system." We reaffirm here that a system of prior restraint runs afoul of the First Amendment if it lacks certain safeguards: First, the burden of instituting judicial proceedings, and of proving that the material is unprotected, must rest on the censor.
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