Case Law Index
federal1931
Additional Highlights:First AmendmentPrior RestraintFree Press
Near v. Minnesota
United States Supreme Court
Key Holding
Prior restraints on publication are presumptively unconstitutional under the First Amendment; a Minnesota gag law suppressing a newspaper is invalid.
Case Summary
Near v. Minnesota struck down a Minnesota statute allowing courts to suppress "malicious, scandalous and defamatory" newspapers as a prior restraint violating the First Amendment, establishing the foundational rule against prior restraints on the press.