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
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PRIOR RESTRAINT
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(Source: Richard Norton Smith: The Colonel: The Life and Legend of Robert R. McCormick, Illinois Channel Archives)
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mccormick becomes involved
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outcome of the trial
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(Source: Richard Norton Smith: The Colonel: The Life and Legend of Robert R. McCormick, Illinois Channel Archives)
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(Source: Chicago Tribune Press Service; Article by Arthur Sears Henning)
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WHAT PRINCIPle DID NEAR VS MINNESOTA ESTABLISH?
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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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