Near+v+Minnesota


 * __Near vs. Minnesota __** June 1, 1931

A Case Involving: __First Amendment Protections of Free Speech and Freedom of Press__


 * //Background //**: Jay Near, publishes an article that says local politicians are involved with gangsters. The state of Minnesota uses a controversial state law called the “gag law” that prevents the publication of “obscene, lewd, and lascivious, malicious, scandalous, or defamatory” remarks to take legal action. The law allows Minnesota to convict Jay of being a public nuisance and prohibit him from publishing more material.


 * //Main Issue Presented to the Court //**: Does the Minnesota “gag law” violate First Amendment Rights?

__Cases before the Court: __ *Jay Near: Presented the case that Freedom of Speech and Freedom of Press allows journalists to publish whatever they want, even if it is about politicians. Near’s article claiming that Minnesota lawmakers are involved with criminal gangs cannot be revoked by this law, nor can he be convicted of crime for publishing it.

*Minnesota: The Minnesota “gag law” prevents the publishers of any article to defame a Minnesota politician and is the state’s way to prevent a “public nuisance”.

 Reasoning: Censorship of the press in any way is unconstitutional, and the First Amendment was written to ensure people’s rights. States do not have the power to censor the press under any circumstances.
 * Majority Decision **: In favor of Jay Near (5 Supreme Court Justices including Chief Justice Hughes)

 Reasoning: This decision makes it so every state is powerless to prevent malicious and scandalous information from being published and circulated.
 * Dissenting Opinion **: In favor of Minnesota (4 Justices dissenting)

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