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A conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems. conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems.
Nearâs dicta suggest that, while a constitutional prior restraint can exist, the high burden of proof necessary to demonstrate constitutionality results in a presumption of invalidity, and the government bears the burden of showing the restraint's constitutionality.