Near v. Minnesota

E176645

Near v. Minnesota is a landmark 1931 U.S. Supreme Court decision that applied First Amendment free press protections to the states and established a strong presumption against prior restraint by government.

All labels observed (3)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf First Amendment case
United States Supreme Court case
freedom of the press case
landmark decision
appliedDoctrine incorporation doctrine
areaOfLaw First Amendment to the United States Constitution
surface form: First Amendment law

constitutional law
media law
arguedDate 1930-01-30
1930-01-31
chiefJusticeAtDecision Charles Evans Hughes
citation 283 U.S. 697
constitutionalProvision First Amendment to the United States Constitution
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1931-06-01
dissentBy George Sutherland
James Clark McReynolds
Pierce Butler
Willis Van Devanter
fullName Near v. Minnesota self-linksurface differs
surface form: Near v. Minnesota ex rel. Olson
holding A Minnesota statute authorizing prior restraint of a newspaper as a public nuisance violates the First Amendment
First Amendment to the United States Constitution
surface form: The First Amendment freedom of the press is applicable to the states through the Fourteenth Amendment
impact established key precedent for later press freedom cases
limited government power to censor or enjoin publication in advance
issue constitutionality of a state public nuisance law used to enjoin publication of a newspaper
jurisdiction Minnesota
United States of America
surface form: United States
legalPrinciple incorporation of First Amendment freedom of the press
strong presumption against prior restraint
majorityOpinionBy Charles Evans Hughes
overruledLowerCourt Minnesota Supreme Court
surface form: Supreme Court of Minnesota
page 697
party Jay M. Near
Minnesota
surface form: State of Minnesota
petitioner Jay M. Near
relatedCase Gitlow v. New York
New York Times Co. v. United States
reporter United States Reports
respondent Minnesota ex rel. Floyd B. Olson
stateLawInvolved Near v. Minnesota self-linksurface differs
surface form: Minnesota "gag law"
subjectMatter freedom of the press
prior restraint
volume 283
vote 5–4
yearDecided 1931

How these facts were elicited

Referenced by (5)

Full triples — surface form annotated when it differs from this entity's canonical label.

Incorporation doctrine keyCase Near v. Minnesota
Palko v. Connecticut relatedCase Near v. Minnesota
Near v. Minnesota fullName Near v. Minnesota self-linksurface differs
this entity surface form: Near v. Minnesota ex rel. Olson
Near v. Minnesota stateLawInvolved Near v. Minnesota self-linksurface differs
this entity surface form: Minnesota "gag law"