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Questions and Answers
What was Jay Near accused of in his scandal sheet?
What was Jay Near accused of in his scandal sheet?
- Publishing poetry
- Conducting interviews
- Attacking local officials (correct)
- Reporting sports news
The Minnesota 'gag law' was found to be constitutional.
The Minnesota 'gag law' was found to be constitutional.
False (B)
What did the Supreme Court conclude about the Minnesota law regarding prior restraints?
What did the Supreme Court conclude about the Minnesota law regarding prior restraints?
It was unconstitutional.
The Supreme Court's judgement in Near v. Minnesota was a ______ decision.
The Supreme Court's judgement in Near v. Minnesota was a ______ decision.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Study Notes
Facts
- Jay Near published a scandalous newspaper in Minneapolis, accusing local officials of connections to gangsters.
- Minnesota officials sought an injunction to halt Near's publication based on a state law regulating "obscene, lewd, and lascivious" or "malicious, scandalous and defamatory" periodicals.
- The law categorized such publications as nuisances, allowing for legal action against them.
Issue
- The central question: Does the Minnesota "gag law" infringe upon the free press rights guaranteed by the First Amendment?
Conclusion
- The Supreme Court determined that the Minnesota statute, which enabled prior restraints on publication, was unconstitutional.
- Historical precedence emphasized that protection against prior restraints is fundamental to the First Amendment.
- The ruling established that, broadly speaking, the government cannot censor publications prior to their release, regardless of potential post-publication penalties.
Holding
- The Minnesota law imposing permanent injunctions on newspapers deemed "malicious, scandalous, and defamatory" was ruled unconstitutional under the First Amendment, as applied via the Fourteenth Amendment.
- The Minnesota Supreme Court's decision was reversed by the U.S. Supreme Court.
Judgment
- The decision concluded with a 5-4 ruling in favor of Jay Near.
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