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Near v. Minnesota 1931

Near v. Minnesota 1931. The Case of the Miscreant Purveyor Of Scandal. What’s at Stake. Prior Restraint Prevention or censorship of materials from reaching publication. Freedom of Speech 1 st Amendment Due Process 14 th Amendment. People Involved:.

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Near v. Minnesota 1931

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  1. Near v. Minnesota 1931 The Case of the Miscreant Purveyor Of Scandal

  2. What’s at Stake • Prior Restraint • Prevention or censorship of materials from reaching publication. • Freedom of Speech • 1st Amendment • Due Process • 14th Amendment

  3. People Involved: • Howard Guilford – Publisher of the Saturday Press. • Jay Near – Reporter. • Floyd B. Olson – Hennepin County Attorney – later the Governor of Minnesota.

  4. Sequence of Events • 1925 – Minnesota Public Nuisance Law enacted. • Judges can cease publications before publication deemed: • Scandalous • Defamatory • Malicious • 1927 – The Saturday Press hits the stands. • Story says city is run by Jewish gangsters in cooperation with the police chief and mayor. • June 1, 1931, Near v. Minnesota decided.

  5. Arguments • State of Minnesota: • Contended no injunction was issued against the paper prior to publication. • Near’s Attorneys: • Argued no state can deny freedom of the press by using prior restraint. • Said the state injunction against future issues was prior restraint.

  6. Case Outcome • Court Opinion • 5-4 decision. • Justices focused on 14th Amendment. • The Nuisance Law was a suppression not just of defamatory material, but of future publication, a violation of due process and freedom of speech.

  7. Barred Speech • Speech that can be suppressed: • Obscenity • Publication of critical war information. • Publication inciting public violence and government overthrow. • Publications invading private rights.

  8. Links • Near V. Minnesota case syllabus and opinions. • Near v. Minnesota recent citations. • Supreme Court case resource site. • Supreme Court site. • 14th Amendment Text.

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