Near v Minnesota

Near v Minnesota - Near v. Minnesota 1929 I. Facts a. Jay...

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Near v. Minnesota 1929 I. Facts a. Jay Near published a scandal sheet in Minneapolis, in which he attacked local officials, charging that they were implicated with gangsters. Minnesota officials obtained an injunction to prevent Near from publishing his newspaper under a state law that allowed such action against periodicals. The law provided that any person "engaged in the business" of regularly publishing or circulating an "obscene, lewd, and lascivious" or a "malicious, scandalous and defamatory" newspaper or periodical was guilty of a nuisance, and could be enjoined (stopped) from further committing or maintaining the nuisance. b. II. Legal Questions presented a. Does the Minnesota "gag law" violate the free press provision of the First Amendment? b. III. Answers a. The Supreme Court held that the statute authorizing the injunction was unconstitutional as applied. History had shown that the protection against previous restraints was at the heart of the First Amendment. The Court held that the statutory
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This note was uploaded on 05/03/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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Near v Minnesota - Near v. Minnesota 1929 I. Facts a. Jay...

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