Near v. Minnesota (1931)

Facts:
In 1927, Jay Near, the publisher of a small newspaper, The Saturday Press, was charged with violating a Minnesota public nuisance law that banned "malicious, scandalous, and defamatory newspaper or magazine" articles. Near had printed stories that made scandalous allegations about several Minnesota public officials. Using this law, the state got a court order restraining Near from publishing his newspaper. The Minnesota Supreme Court upheld the nuisance law and the court order.

Substantive Issue:
Does the Minnesota law violate the First Amendment by imposing a prior restraint on publication?

USSC Ruling: Reversed 5-4

Reasoning: C. J. Hughes wrote for the majority.

• Liberty of speech and press is not absolute.
• Prior restraint is generally rejected as a way of dealing with irresponsible speech and press

This case establishes a heavy presumption against prior restraint on speech and press.