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Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue (docket #: 81-1839) (1983)  [Findlaw]

Argument Date 01/12/1983
Decided 3/29/1983
Supreme Court Vote 7-1-1
Supreme Court Ruling First Amendment claim upheld
 
IssueWhether a "use tax" on the cost of paper and ink products consumed in the production of periodic publications violates the guaranted of the freedom of the press in the First Amendment.
Majority Opinion O'Connor, J.
Concurring Opinion White, J. (concurring in part and dissenting in part)
Dissenting Opinion Rehnquist, J.
Lower Court Minnesota Supreme Court
Lower Court Ruling First Amendment claim denied
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Lawrence C. Brown

For Respondent
Paul R. Kempainen, Special Asst. Attorney General of Minnesota

Briefs
For Amicus
Peter W. Schroth and Charles S. Sims for the American Civil Liberties Union et al. (for petitioner)

Philip A. Lacovara, W. Terry Maguire, and Pamela J. Riley for Knight-Ridder Newspapers, Inc. et al. (for petitioner)

Ruling - Lower Court
314 N. W. 2d 201
News
Barbash, Fred, "Supreme Court Strikes Down State's Tax on Publications," The Washington Post, March 30, 1983, Sect. A, p. 4
Elsasser, Glen, "Minnesota's Taxes on Newspapers are Ruled Unconstitutional," The Chicago Tribune, March 30, 1983, Sect. A, p. 5
Greenhouse, Linda, "High Court Bars Selective Tax on Publishers," The New York Times, March 30, 1983, Sect. A, p. 21
Greenhouse, Linda, "High Court to Weigh Tax Issues," The New York Times, Oct. 4, 1982, Sect. D, p. 1
Mann, Jim, "High Court Strikes Down Special Tax on Newspapers, Citing Constitution," The Los Angeles Times, March 30, 1983, p. 6
Other
Benjamin, Stuart Minor, "Proactive Legislation and the First Amendment," 99 Mich. L. Rev. 281 (2000)
Bezanson, "Political Agnosticism, Editorial Freedom and Government Neutrality Toward the Press," 72 Iowa L. Rev. 1359 (1987)
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), Sect. 11.6.2.1
Posner, Richard, "Law, Pragmatism and Democracy," (2003)
Volokh, Eugene, "Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, "Situation-Altering Utterances," and the Uncharted Zones, 90 Cornell L. Rev 1277 (2005)
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