Question

A law that forbids bands from playing in concerts when there is evidence that the band has previously engaged in illegal forms of expression is put in force. How is this not consistent with the guarantees in the First Amendment?

Answer 1

Answer:

It is inconsistent with the Prior Restraint part of the First Amendment Law.

Explanation:

Prior Restraint forbids the United States Government from prohibiting actions of expression before they happen. The US Supreme Court has, on a number of occasions, ruled against the Government in cases relating to prior restraint where State Governments had enacted laws to prohibit publications before they had been published. As this law prohibits playing in the future, it will be considered as an enforcement of prior restraint and will therefore be inconsistent with the guarantees afforded in the First Amendment.