Prior Restraint and the case of Near v. Minnesota

1. Prior Restraint and the case of Near v. Minnesota September 7-9, 2004 ComS 152 Freedom of Speech

2. The History of the Concept of Prior Restraint • The Greek tradition • The English tradition • Sir William Blackstone • An interesting question: Is it really free speech if we only guarantee that you are free to publish or speak, but then are unwilling to put limits on how you can be punished for that speech subsequently?

3. Near v. Minnesota: the facts of the case • What is the political climate like in Minneapolis at the time of the case? • What exactly is being prohibited? What did the law say? • How did lower courts rule in the case? • Did the US Supreme Court accept the case for certiorari?

4. Near v. Minnesota: the Supreme Court case • Decision in the case • What did the majority argue? • What points did those justices in dissent make? • Why is this case significant? • The presumption against prior restraints is large. • The establishment of the war time exception

5. The Progeny of Near • What the heck is a “progeny” anyhow? • New York Times v. US—the Pentagon Papers case • The Progressive case—not a SCt. case, but still important • The CIA cases—US v. Marchetti, Haig v. Agee

6. A Glossary of Terms • Seditious libel • Previous restraint/prior restraint • Presumption • Magic bullet theory of communication • Gatekeeper theory of communication