Near v. Minnesota (1931) is a landmark Supreme Court case revolving around the First Amendment. In this case, the
Supreme Court held that prior restraint on publication violated the First Amendment
. This holding had a broader impact on free speech generally.
How did Near v Minnesota end?
The Court’s decision
The U.S. Supreme Court, in a 5-4 decision, reversed the decision of the Minnesota Supreme Court and
ruled that the Public Nuisance Law of 1925 was unconstitutional
. The U.S. Supreme Court held that, except in rare cases, censorship is unconstitutional.
What did the Supreme Court rule in the case Near v Minnesota quizlet?
Near v. Minnesota was a landmark United States Supreme Court decision that
recognized the freedom of the press by roundly rejecting prior restraints on publication
, a principle that was applied to free speech generally in subsequent jurisprudence.
What was the majority opinion in Near v Minnesota?
5–4 decision for Near
The Court held that the statutory scheme constituted a prior restraint and hence was invalid under the First Amendment. (The majority used
the incorporation doctrine to apply the rights granted under the Bill of Rights to the states under the Fourteenth Amendment
.)
What is the importance of the courts decision in the near case?
In this landmark freedom of the press case,
the Court struck down a state law allowing prior restraint (government censorship in advance) as unconstitutional
. In so ruling, the Court applied the First Amendment’s protection of press freedom to the actions of state governments through the doctrine of incorporation.
What happened in Schenck v us?
United States. Schenck v. United States, legal case in which the U.S. Supreme Court ruled on March 3, 1919, that
the freedom of speech protection afforded in the U.S. Constitution’s First Amendment could be restricted if the words spoken or printed represented to society a “clear and present danger
.”
What was banned as a result of Near v Minnesota quizlet?
The Supreme Court voted 5-4 for Near and declared
the Minnesota Gag Law unconstitutional
. The Court found that the Minnesota law amounted to a prior restraint. The Court applied the Fourteenth Amendment’s protection of press freedom to the states and therefore the Minnesota law was a violation of the First Amendment.
What happened in Schenck v United States quizlet?
Schenck v. United States, 249 U.S. 47 (1919), was a United States Supreme Court decision that
upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I
.
What is the Minnesota gag law?
In 1925, Minnesota passed a statute, also known as the Minnesota Gag Law, which
permitted a judge, acting without a jury, to stop publication of any newspaper, magazine, or other periodical publication the judge found “obscene, lewd, and lascivious” or “malicious, scandalous, and defamatory
.” The law provided that a …
What is the 14th Amendment of the United States of America?
No state shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What was the dissenting opinion in Near v Minnesota?
Decency denied. For himself and three others, Justice Pierce Butler wrote a dissenting opinion, meaning
he disagreed with the Court’s decision
.
What are examples of exceptions to freedom of speech?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography,
speech integral to illegal conduct
, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …
What is the most important court case in US history?
- Marbury v. Madison (1803) …
- Gibbons v. Ogden (1824) …
- Worcester v. Georgia (1832) …
- Charles River Bridge v. Warren Bridge (1837) …
- Dred Scott v. Sandford (1857) …
- Munn v. Illinois (1877) …
- Plessy v. Ferguson (1896) …
- Lochner v. New York (1905)
What was the most important Supreme Court decision?
Importance:
The Brown decision
is heralded as a landmark decision in Supreme Court history, overturning Plessy v. Ferguson (1896) which had created the “separate but equal” doctrine.
How does the Supreme Court overturn a decision?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by
the rarely used procedure of constitutional amendment
or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
