Near v. Minnesota (1931)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Jay Near published a scandal sheet accusing local officials of corruption. Minnesota tried to shut down his paper under a “public nuisance” law. The Supreme Court struck down the law, ruling that it imposed unconstitutional prior restraint on the press.

3) Why It Mattered
This was the first major case protecting freedom of the press from state censorship. It established that government generally cannot stop publications before they’re printed.

4) What It Provided or Took Away

• Provided: Strong protection against government censorship before publication.
• Took Away: States’ ability to use broad nuisance laws to suppress critical or unpopular press.

5) Overreach or Proper Role?
The Court was firmly within its role, enforcing the First Amendment against state action via incorporation.

6) Plain-English Impact Today
Near laid the groundwork for modern press freedom. Governments can punish libel or unlawful speech after the fact, but they rarely can stop publication in advance.

• First Amendment
• Freedom of the Press
• Prior Restraint
• Incorporation
• Individual Rights