Transcript Near v. MN
Near v. Minnesota
1931
The Case of the
Miscreant Purveyor
Of
Scandal
What’s at Stake
Prior Restraint
Freedom of Speech
Prevention or censorship of materials from
reaching publication.
1st Amendment
Due Process
14th Amendment
People Involved:
Howard Guilford – Publisher of the
Saturday Press.
Jay Near – Reporter.
Floyd B. Olson – Hennepin County
Attorney – later the Governor of
Minnesota.
Sequence of Events
1925 – Minnesota Public Nuisance Law enacted.
Judges can cease publications before publication
deemed:
1927 – The Saturday Press hits the stands.
Scandalous
Defamatory
Malicious
Story says city is run by Jewish gangsters in
cooperation with the police chief and mayor.
June 1, 1931, Near v. Minnesota decided.
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.
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.
Barred Speech
Speech that can be suppressed:
Obscenity
Publication of critical war information.
Publication inciting public violence and
government overthrow.
Publications invading private rights.
Links
Near V. Minnesota case syllabus and
opinions.
Near v. Minnesota recent citations.
Supreme Court case resource site.
Supreme Court site.
14th Amendment Text.