Media Law
Professor Blakely
Karina Buvaylik
Near v. Minnesota, 283 U.S. 697 (1931)
Facts: Minnesota newspaper publisher J.M. Near was arrested for publishing a defamatory and
prejudiced article about illicit activities committed by local officials in The Saturday Press. He
was arrested under the Minnesota Gag Law of 1925 that prevented the publishing of “derogatory
statements about local public officials.” Near appealed, arguing that his arrest was an
infringement on his 1st Amendment rights to freedom of press.
Issues:
Did the Minnesota Gag Law violate the 1st Amendment?
Analysis
The Supreme Court ruled in favor of near, stating that with very few exceptions, the 1st
Amendment protects the press from prior restraint. SCOTUS held that the Minnesota gag law
constituted the implementation of prior restraint and was therefore in direct opposition of the 1st
Amendment. The government generally cannot censor or stop a publication beforehand. It also
decided that the publication did not directly incite harmful behavior against the subjects of the
article. However, the content of the publication could lead to legal repercussions and
punishments by the court.
Holding
Near’s publication was protected by constitutional principle that the press and free speech were
to be protected from prior restraint.