Pre-publication review (also known as “pre-pub” or “vetting”) is the process of reviewing news articles, scripts, and footage prior to publication to identify and address or mitigate legal concerns.

Pre-publication review is not a guarantee that legal claims or liability will not arise as a result of the publication. Instead, “pre-pub” is intended to reduce the risk of subsequent legal action and to position the author or publisher to be able to defend against legal claims should they occur.

This guide provides generally applicable information and considerations for lawyers and journalists to keep in mind when reviewing content before it is published. This guide is current as of the “last updated” date appearing on the final page of the resource. This guide is not intended to constitute legal advice and does not create an attorney-client relationship.

Many thanks to attorneys Christina Lee (Clinic legal fellow), Daniel Novack, Ava Lubell, and the Reporters Committee for Freedom of the Press for their contributions.

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Media Law

The First Amendment guarantees a free press, meaning journalists are able to express any opinions they want about the government, even criticisms. However, journalists are often hindered in their ability to gather and publish news through the threat of lawsuits, subpoenas, and criminal prosecution. Read more about our support for student and professional journalists here.

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Defamation is a false statement of fact that harms the reputation of a person, business, or organization. Journalists, news organizations, and even ordinary people can be sued for defamation, which is a common tactic to chill or silence legitimate speech and criticism. Read more about our defamation defense work here.

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Free Speech

The First Amendment protects the right of private individuals to engage in speech and expression without being censored or punished by the government because of their viewpoint. While the government may constitutionally regulate the time, place, and manner of private speech in public forums it must do so in a viewpoint-neutral manner and, depending on…

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