The recognition of authority to impose previous restraint upon publication in order to protect the community against the circulation of charges of misconduct, and especially of official misconduct, necessarily would carry with it the admission of the authority of the censor against which the constitutional barrier was erected. The preliminary freedom, by virtue of the very reason for its existence, does not depend, as this Court has said, on proof of truth.
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About Charles Evans Hughes
Charles Evans Hughes was a 20th-century chief justice of the united states from 1930 to 1941. Charles Evans Hughes was an American politician, academic, and jurist who served as the 11th chief justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the 36th governor of New York (1907–1910), an associate justice of the Supreme Court (1910–1916), and 44th U.S. Read more on Wikipedia →