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Speech & Press

Near v. Minnesota

Decided: 1931

In brief

Struck down prior restraints on the press, establishing strong protection against government censorship before publication.

The Court's ruling in depth

Minnesota's 'gag law' allowed courts to enjoin as a 'public nuisance' any 'malicious, scandalous, and defamatory' newspaper. The Court struck it down, holding prior restraints are 'the essence of censorship' and permissible only in the narrowest circumstances (troop movements, obscenity, direct incitement). Near is the constitutional bedrock of American press freedom and set up the Pentagon Papers case forty years later.

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