Near v. Minnesota

1931

Venue: SCOTUS

Facts: MN has a law providing for the abatement of a malicious, scandalaous and defamatory newspaper.

Posture: Unknown

Issue: Is a statute authorizig restraing of publication consistent with the conception of liberty of the press?

Holding: No. This is the essence of censorship.

Rule: If someone publishes something bad, you can sue them, but you can't infringe on the freedom of the press.

Reasoning: There are both public and private remedies available for whatever wrongs the publisher commits. Freedom of the press isn't unlimited, but the limitation is only in exceptional cases, as in war. Or obscenity.

Dicta: