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“Completely shocked and horrified” when the documentary’s trailer dropped Feb. 2, Morrissey said she attempted to halt its release, but an appellate judge denied her restraining order request as impermissible prior restraint.

Normally, such “prior restraint” on the speech of a political group is allowed only under “extraordinary” circumstances.

What the government does not mention is that the Supreme Court has repeatedly recognized that seizures of constitutionally protected materials run “the risk of prior restraint,” regardless of “probable cause.”

What if the Nixon administration had charged the Times with, say, Espionage Act violations, seized the Pentagon Papers, and then sought a prior restraint in the guise of a discovery order to prohibit the Times from publishing them?

The justices did not comment in leaving in place lower-court rulings against Musk, who complained that the requirement amounts to “prior restraint” on his speech in violation of the First Amendment.