Near Vs Minnesota

Background • Freedom of the Press is a fundamental right of Americans. However, it

was not fully established until 1931 with the landmark ruling in Near v. Minnesota.

• The First Amendment supposedly protects the Press from unnecessary govt intervention

• Sensationalistic newspapers in Minnesota provided the alleged financial and sexual offenses of prominent politicians and community leaders = angered the public.

• Led to the Minnesota Gag Law 1925• Prevented publishing, as a public Nuisance, of a "malicious, scandalous

and defamatory newspaper, magazine or other periodical."

Dilemma

• Near's newspaper, The Saturday Press, was tinged with anti-Semitism, anti-labour, and anti-Catholic sentiments!

• Because of this hateful speech, Near was taken into custody by the state police.

• Near appealed by stating that his publication was not criminal in nature and that his arrest violated his 1st Amendment rights.

Probably how Near felt!

Probably how the minorities

felt!

Court Ruling

• The Hughes Court ruled in favour of J.M. Near in 1930

• 5-4 = narrow margin! • Minnesota Gag law declared a direct violation of

the 1st Amendment • Chief Justice Charles Hughes stated that there

was "no doubt" that freedom of the press and freedom of speech were protected by the Fourteenth Amendment's due process clause

Impact

• Near was a landmark case because it applied 1st Amendment's freedom of the press and freedom of speech provisions to state government actions through the Fourteenth Amendment!

• The case announced a principle that has defined freedom of the press.

• Editors and publishers know they are free to print their stories about public officials without fear of state censorship.