Near v. MN - Case Brief PDF

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CAPTION: NEAR V. MINNESOTA 283 U.S. 697 (1931)

I. JUDICIAL HISTORY. Restraining order issued by State Judge. Challenged by Near and ACLU. Certiorari granted. II. FACTS In 1925, MN law was in place against defamatory and scandalous publications. County Attorney asked State Judge to issue restraining order, banning publication of Saturday Press b/c of scandalous and defamatory publications that attacked city officials as well as Jewish people. Near contacted ACLU and with their help, he challenged their III. ISSUES Does the First Amendment’s right to freedom of the press extend to speech that is obscene, scandalous or defamatory by nature? IV. LAW AND RULES 1. New Yorker Staats-Zitung v. Nolan 2. Gitlow v. New York 3. Whitney v. California 4. Fiske v. Kansas V. DISCUSSION/ANALYSIS Freedoms of speech and press are protected under due process clause of 14th amendment. Goal of statute is suppression of offending newspaper or periodical. The paper is exposed to suppression when it is principally devoted to charging public officials with misconduct. Suppression is accomplished by enjoining publication and said restraint is object/effect of statute. Censorship occurs when a publisher of an article/periodical publishes material that charges public officials with offenses that can be substantiated. The freedom of the press is essential to nature of free state. No freedom from censure for criminal matter. In times of war, certain types of speech may be restricted if it may be a hinderance to the nation’s efforts. Public safety must be maintained against incitements to violence. Laws against libel can protect public officials from false stories. Abuse of freedom of press does not undercut the fact that immunity for press should be maintained. VI. CONCLUSION The statute, so far as authorized proceedings in this action is infringement of liberty of press. Judgment reversed....