Jay near vs. the state of minnesota
Near vs. Minnesota was a federal case that addressed prior restraint, or the government's ability to limit speech before publication, an idea that severely infringed upon McCormick's definition of a free press.
Reason for the lawsuit
mccormick becomes involved
outcome of the trial
WHAT PRINCIPle DID NEAR VS MINNESOTA ESTABLISH?
Near vs. Minnesota established the limits on prior restraint: government could not interfere with, restrict, or influence any publications or newspapers. The government also established that the Fourteenth Amendment protects the publisher from censorship, no matter how hostile the article is. |
The Near vs. Minnesota principle of prior restraint was especially influential in the New York Times Co. vs. The United States, also known as the Pentagon Papers case.
(For more on the Pentagon Papers case, see "A Check Upon Government" webpage)
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