In light of recent information, the DNC and others worked to undermind our newly and duly elected president and administration; the following is certainly arguable. That being the prior restraint of published surveys/polling is justified under the landmark decision in Near v. Minnesota, 283 U.S. 697, 51 S. Ct. 625, 75 L. Ed. 1357 (1931).
In that decision, the Court identified three types of publications against which a prior restraint might be valid: those that pose a threat to national security, those that contain obscene materials, and those that advocate violence or the overthrow of the government.
In these fake polling numbers, we see the DNC, and those working with the Democrats, continuing the effort to overthrow the wishes of a majority of the country by every hook and crook imaginable. In the case by push-polling voters.
Under these circumstances, I, for one, contend publishing presidential election polling data be suspended until the winner of this election is determined. Secondarily, this fakery WILL inflame the radical left (i.e., advocating/promoting violence as mentioned in the decision above) if Biden isn't declared the victor.
Just my 2 cents, FWIW.
Pentagon Papers case also noted that prior restraint was justified in some cases, but came down on the side of “if something is published that is a crime to publish, the government can prosecute” - and that possibility was decided to be deterrent enough, without a need for court order.
The stretch you are making is that publishing a poll is a crime, if the poll is deliberately false somehow.
Also, there is a detail omitted in your summary of Near v. Minnesota. “The security of the community life may be protected against incitements to acts of violence and the overthrow **—> by force <—** of orderly government.
https://www.law.cornell.edu/supremecourt/text/283/697
Overthrow without use of force is not a crime. Overthrow with lies is not a crime. Our government has been crapping on the constitution for close to 100 years (see commerce clause abuse, for one), and we have people who are openly communist running for and taking elective office. Lies by the government are more common than truth from the government. Courts are literally hallucinatory bodies, seeing things like abortion and homo marriage in the constitution. Congress endorsed a dual citizen to be president, and never debated the question of “is a dual citizen at birth a natural born citizen?”
Don’t look to a corrupt government to correct itself. A few fall guys, a slow down in the march to Plantation America.
I’m pissed beyond words with the whole thing. But then, universal suffrage is what makes this sort of lying to the public into an effective tool. The government is lying to a public that is largely ignorant, lazy, and we’re all looking to get something for nothing.
Nice swapping ideas with you. Thanks!