Presentation is loading. Please wait.

Presentation is loading. Please wait.

Near v. Minnesota 1931 The Case of the Miscreant Purveyor Of Scandal.

Similar presentations


Presentation on theme: "Near v. Minnesota 1931 The Case of the Miscreant Purveyor Of Scandal."— Presentation transcript:

1 Near v. Minnesota 1931 The Case of the Miscreant Purveyor Of Scandal

2 What’s at Stake Prior Restraint Prior Restraint Prevention or censorship of materials from reaching publication. Prevention or censorship of materials from reaching publication. Freedom of Speech Freedom of Speech 1 st Amendment 1 st Amendment Due Process Due Process 14 th Amendment 14 th Amendment

3 People Involved: Howard Guilford – Publisher of the Saturday Press. Howard Guilford – Publisher of the Saturday Press. Jay Near – Reporter. Jay Near – Reporter. Floyd B. Olson – Hennepin County Attorney – later the Governor of Minnesota. Floyd B. Olson – Hennepin County Attorney – later the Governor of Minnesota.

4 Sequence of Events 1925 – Minnesota Public Nuisance Law enacted – Minnesota Public Nuisance Law enacted. Judges can cease publications before publication deemed: Judges can cease publications before publication deemed: Scandalous Scandalous Defamatory Defamatory Malicious Malicious 1927 – The Saturday Press hits the stands – The Saturday Press hits the stands. Story says city is run by Jewish gangsters in cooperation with the police chief and mayor. Story says city is run by Jewish gangsters in cooperation with the police chief and mayor. June 1, 1931, Near v. Minnesota decided. June 1, 1931, Near v. Minnesota decided.

5 Arguments State of Minnesota: State of Minnesota: Contended no injunction was issued against the paper prior to publication. Contended no injunction was issued against the paper prior to publication. Near’s Attorneys: Near’s Attorneys: Argued no state can deny freedom of the press by using prior restraint. Argued no state can deny freedom of the press by using prior restraint. Said the state injunction against future issues was prior restraint. Said the state injunction against future issues was prior restraint.

6 Case Outcome Court Opinion Court Opinion 5-4 decision. 5-4 decision. Justices focused on 14 th Amendment. Justices focused on 14 th 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. The Nuisance Law was a suppression not just of defamatory material, but of future publication, a violation of due process and freedom of speech.

7 Barred Speech Speech that can be suppressed: Speech that can be suppressed: Obscenity Obscenity Publication of critical war information. Publication of critical war information. Publication inciting public violence and government overthrow. Publication inciting public violence and government overthrow. Publications invading private rights. Publications invading private rights.

8 Links Near V. Minnesota case syllabus and opinions. Near V. Minnesota case syllabus and opinions. Near v. Minnesota recent citations. Supreme Court case resource site. Supreme Court site. 14 th Amendment Text. 14 th Amendment Text.


Download ppt "Near v. Minnesota 1931 The Case of the Miscreant Purveyor Of Scandal."

Similar presentations


Ads by Google