Although prior restraint is almost never legal, lower courts often gag the press while they study the case. This approach is wrong, but not entirely unreasonable. Most jurists will go through their entire careers without being asked to rule on a prior restraint issue. When suddenly they face one, it usually requires fast action. Otherwise, I ll be injured.
Judges don t want to injure anybody.
They like time to think, so they often restrain the publication while they brush up on First Amendment law and the explicit protection in the Arizona Constitution. But in the meantime, the Constitutional commands have already been violated, as happened in the TUSD case. You were deprived of valuable information for many days. That is exactly what our wise founders tried to prevent. That s why prior restraint is such a serious problem.