RESEARCH STARTER

Near v. Minnesota

Near v. Minnesota is a significant Supreme Court case that addressed critical issues surrounding freedom of the press and the First Amendment. The case arose when J. M. Near, a newspaper publisher in Minnesota, faced state action aimed at preventing him from publishing his views, which included harsh criticisms of local officials and allegations of corruption. The primary legal questions involved whether the protections of the Bill of Rights extended to state laws and whether the government could impose prior restraint on publications. Ultimately, the Supreme Court ruled against prior restraint, affirming that the freedom of the press is a fundamental right protected from state interference under the incorporation doctrine of the Fourteenth Amendment. Despite the controversial nature of Near's writings, this case set a vital precedent, marking a pivotal moment in the evolution of press freedoms in the United States. Near v. Minnesota continues to be recognized as a landmark decision that underscores the importance of safeguarding editorial expression against governmental censorship.

Full Article

DATE: January 30, 1931

CITATION: 283 U. S. 697

ISSUES: Freedom of the press; prior restraint

SIGNIFICANCE: The Supreme Court for the first time applied the First Amendment guarantee of freedom of the press to state governments under the incorporation doctrine under the Fourteenth Amendment.

J. M. Near published a newspaper in Minneapolis and St. Paul, Minnesota, which denounced local government officials particularly Jews for graft and corruption. In the absence of applicable federal statutes, Minnesota authorities sought to use state statutes to prevent Near from publishing his newspaper. When the case reached the Supreme Court, there were two major issues involved. The first was whether the Bill of Rights applied to state laws. The second was whether prior restraint was justified. Despite the despicable character of Near’s views, the Court rejected any prior restraint on newspapers and applied the freedom of press portion of the First Amendment to state governments under the incorporation doctrine under the Fourteenth Amendment. Near did not have a strong personal reputation, but his cause was taken up by Robert McCormick, owner of the Chicago Tribune, as an important case involving freedom of the press. With McCormick’s financial help, the case reached the Court, where freedom of the press prevailed. Near remains the landmark case regarding prior restraint.



Full Article

DATE: January 30, 1931

CITATION: 283 U. S. 697

ISSUES: Freedom of the press; prior restraint

SIGNIFICANCE: The Supreme Court for the first time applied the First Amendment guarantee of freedom of the press to state governments under the incorporation doctrine under the Fourteenth Amendment.

J. M. Near published a newspaper in Minneapolis and St. Paul, Minnesota, which denounced local government officials particularly Jews for graft and corruption. In the absence of applicable federal statutes, Minnesota authorities sought to use state statutes to prevent Near from publishing his newspaper. When the case reached the Supreme Court, there were two major issues involved. The first was whether the Bill of Rights applied to state laws. The second was whether prior restraint was justified. Despite the despicable character of Near’s views, the Court rejected any prior restraint on newspapers and applied the freedom of press portion of the First Amendment to state governments under the incorporation doctrine under the Fourteenth Amendment. Near did not have a strong personal reputation, but his cause was taken up by Robert McCormick, owner of the Chicago Tribune, as an important case involving freedom of the press. With McCormick’s financial help, the case reached the Court, where freedom of the press prevailed. Near remains the landmark case regarding prior restraint.



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