Near v. Minnesota, 283 U.S. 697 (1931), is a landmark United States Supreme Court decision that found that prior restraints on publication violate freedom of the press as protected under the First Amendment, a principle that was applied to free speech generally in subsequent jurisprudence.
The case of Near v. Minnesota begins with a man named J.M. Near. This man was a resident of the state of Minnesota who published a newspaper called “The Saturday Press.” J.M. Near was arrested because of what was written in this newspaper. The content of “The Saturday Press” was thought to be racist, prejudiced and hateful in general.
Near v. Minnesota (No. 91) Argued: January 30, 1931 ... The decision of the Court in this case declares Minnesota and every other State powerless to restrain by injunction the business of publishing and circulating among the people malicious, scandalous and defamatory periodicals that in due course of judicial procedure has been adjudged to be ...
Near v. Minnesota. No. 91. Argued January 30, 1931. Decided June 1, 1931. ... The case was remanded to the district court. Near's answer made no allegations to excuse or justify the business or the articles complained of. It formally denied that the publications were malicious, scandalous or defamatory, admitted that they were made as alleged ...
Near v. Minnesota was a landmark U.S. Supreme Court case that recognized the freedom of the press in 1931. In this case the court struck down a Minnesota state law that allowed government censorship, declaring it unconstitutional.
Near v. Minnesota (1931) Summary This Landmark Supreme Court Cases and the Constitution eLesson focuses on the 1931 Supreme Court case Near v. Minnesota. In this landmark freedom of the press case, the Court struck down a state law allowing prior restraint (government censorship in advance) as unconstitutional. In so ruling, the Court applied the […]
The Background of Near v. Minnesota (1931) J.M. Near, a Minnesota resident who undertook the publishing of his newspaper ‘The Saturday Press’ was arrested as a result of the content of his publication, which was presumed to be comprised of racist, prejudiced, and objectionable hate-speech; as a result, he was arrested in accordance with his violation of The Minnesota Gag Law of 1925, which ...
Case Outcome: While the Near v. Minnesota case provided the grounds for a prior restraint in a situation like this, the government did not meet the heavy burden necessary to prevent the publication of these papers.
New York Times Co. v. United States [The Pentagon Papers Case]403 U.S. 713, 91 S. Ct. 2140, 29 L. Ed. 2d 822, 1971 U.S. Rights Ancillary To Freedom Of Speech ... Near v. Minnesota. Search. Table of Contents. Constitutional Law Keyed to Sullivan. Add to Library. Law Dictionary. CASE BRIEFS.
In a Minneapolis newspaper called The Saturday Press, Jay Near and Howard Guilford accused local officials of being implicated with gangsters. Minnesota officials sought a permanent injunction against The Saturday Press on the grounds that it violated the Public Nuisance Law because it was malicious, scandalous, and defamatory.