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.