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Near v. Minnesota (docket #: 91) (1931)  [Findlaw]

Secondary Link Near v. Minnesota  [Legal Information Institute]
Argument Date 01/30/1931
Decided 6/1/1931
Supreme Court Vote 5-4
Supreme Court Ruling First Amendment claim sustained.
 
Issue"The question is whether a statute authorizing . . . proceedings in restraint of publication is consistent with the conception of the liberty of the press as historically conceived and guaranteed."
 
Case Summary & Additional Resources
Majority Opinion Hughes, C.J.
Dissenting Opinion Butler, J. (joined by Van Devanter, J., McReynolds, J., & Sutherland, J.)
Lower Court Minnesota Supreme Court
Lower Court Ruling First Amendment claim denied
Lawyers
For Petitioner
Weymouth Kirkland, of Chicago, Illinois, & T. E. Latimer, of Minneapolis, Minnesota

For Respondent
James E. Markham, of St. Paul, Minnesota & Arthur L. Markve, of Minneapolis, Minnesota

News Stories & Commentary
New York Times, "'Press Gag' Barred by Supreme Court; Minnesota Law Hit," January 2, 1931, p. 1
New York Times, Brandeis Criticizes Minnesota Gag Law," January 31, 1931, p. 6
Washington Post (AP), "Highest Court Gets Press Liberty Case," January 3, 1931, p. 7
Washington Post, "Press-Gag Statute Assailed by Editor," April 19, 1929, p. 5
Opinion - Lower Court
State v. Guilford, 179 Minn. 40, 219 N. W. 770 (1928); State v. Guilford, 174 Minn. 457, 228 N. W. 326 (1929)
Other
Barnett, Stephen R., "The Puzzle of Prior Restraint," 29 Stanford Law Review 539 (1977)
Blasi, Vincent, "Prior Restraints on Demonstrations," 68 Michigan Law Review 1482 (1970)
Blasi, Vincent, "Toward a Theory of Prior Restraint," 66 Minnesota Law Review 11 (1981)
Chafee, Jr., Zechariah, FREE SPEECH IN THE UNITED STATES (1941), pp. 375-381
Emerson, Thomas, “The Doctrine of Prior Restraint,” 20 Law & Contemporary Problems 648 (1955)
Emerson, Thomas, THE SYSTEM OF FREEDOM OF EXPRESSION (1970), pp. 504-506
Friendly, Fred W., MINNESOTA RAG: THE DRAMATIC STORY OF THE LANDMARK SUPREME COURT CASE THAT GAVE NEW MEANING TO FREEDOM OF THE PRESS (1981)
Gossett, John S., & Dee, Juliet, "Near v. Minnesota," in FREE SPEECH ON TRIAL (2003), Richard A. Parker, ed., pp. 69-84

Hartman, John E., "The Minnesota Gag Law & the 14th Amendment," 37 Minnesota History 16 (December 1960)
Jeffries, John, "Rethinking Prior Restraint," 92 Yale Law Journal 409 (1983)
Kinsley, Philip, LIBERTY & THE PRESS: A HISTORY OF THE CHICAGO TRIBUNE'S FIGHT TO PRESERVE A FREE PRESS FOR THE AMERICAN PEOPLE (Chicago Tribune, 1944), pp. 28-34
Levine, Lee, "Overview: Press Freedoms"

McCormick, Robert R., THE FREEDOM OF THE PRESS: A HISTORY & ARGUMENT (1936)
Murphy, Paul L., "Near v. Minnesota in the Context of Historical Developments," 66 Minnesota Law Review 95 (1981)
Powe, Jr., Lucas, THE FOURTH ESTATE & THE CONSTITUTION (1991), pp. 142-147
Redish, Martin, "The Proper Role of the Prior Restraint Doctrine in First Amendment Theory," 70 Virginia Law Review 53 (1984)
Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sects. 8.01[3][a]
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 1039-1040
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