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.
Near v. Minnesota Significance. Near was one of the most important cases concerning freedom of the press that the Court ever decided. Afterward, it was clear that the prohibition against prior restraint--the very heart of the First Amendment--applied to states as well as the federal government.
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.
Case summary for Near v. Minnesota: Near was prevented from publishing “The Saturday Press” under a state statute which prevented the publication of “malicious, scandalous and defamatory” periodicals. This specific publication was known to publish racial slurs regarding public officials, specifically Olsen.
Near v. Minnesota 1931. Appellant: J.M. Near Appellee: State of Minnesota, ex rel. Floyd B. Olson, County Attorney of Hennepin County Appellant's Claim: That a state "gag law" preventing publication of his newspaper violated the First Amendment freedom of the press. Chief Lawyers for Appellant: Weymouth Kirkland and T.E. Latimer Chief Lawyers for Appellee: James E. Markham and Arthur...
Near v. Minnesota. Freedom of the Press is a bedrock constitutional principle. However, the presumption that the press cannot be restrained from publishing stories was not established until 1931, when the U.S. Supreme Court issued its landmark ruling in Near v.Minnesota, 283 U.S. 697, 51 S. Ct. 625, 75 L. Ed. 1357.This First Amendment decision has become a core constitutional precedent that ...
Near v. Minnesota - Significance. Near was one of the most important cases concerning freedom of the press that the Court ever decided. Afterward, it was clear that the prohibition against prior restraint--the very heart of the First Amendment--applied to states as well as the federal government.
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 […]
Significance of Supreme Court Cases. The significance of the cases, the tests developed through them, and their verdicts. STUDY. ... Near v. Minnesota. The Court ruled that the Minnesota law, allowing prior restraint, is unconstitutional because it violates the 1st amendment right to freedom of speech.
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.