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16 FRQ Unit 05 Ch 16 NYT V US 2/13
1 of 1
POSSIBLE POINTS: 100
FRQ Unit 05 Ch 16 NYT v US Near v Minnesota Court
Jay Near and Howard Guilford published The Saturday Press in Minneapolis. The paper criticized elected officials, accusing
them of corruption and charging they were operating with gangsters. They took an anti-Catholic, anti- Semitic, and anti-labor
posture. As a result, one official filled a complaint against the paper. A 1925 Minnesota state law known as the Minnesota Gag
Law banned future publication of The Saturday Press on the grounds that its bigoted attitudes constituted a public nuisance.
Jay Near sued, arguing the rights to a free press were being violated. A state court upheld the ban, but the American Civil
Liberties Union, ACLU, became interested in the case and it came before the Supreme Court in 1931 as Near v. Minnesota. In
a 5:4 vote, the Court ruled the state law preventing publication in advance was unconstitutional even if what was going to be
published was untrue.
Minnesota law subjected newspapers to official approval before publication. Publishers had to show "good motives
and justifiable ends" for what they were about to print. If they could not, the paper could be censored in advance.
Additionally, it was a crime to publish "obscene, lewd, and lascivious" or "malicious, scandalous, and defamatory"
materials. Near eventually stopped publishing his newspaper on the basis of the Minnesota law. The Supreme Court
used the Fourteenth Amendment's requirement of due process to apply the First Amendment's protection of freedom of
the press to state governments in Near v. Minnesota (1931). The Court held that prior restraint on publication in
Minnesota was "the essence of censorship" and the heart of what the First Amendment was designed to prevent. Justice
Hughes stated: "The fact that liberty of press may be abused does not make any less necessary the immunity of the
press from prior restraint. A more serious evil would result if officials could determine which stories can be published."
A. Identify the free press issue common to both Near v. Minnesota (1931) and New York Times Co. v. U.S. (1971).
B. Based on information in the passage and your knowledge of government explain how the facts of NYTimes v. U.S.
strengthened freedom of the press, even in cases involving national security.
C. Describe an action that the legislative branch can take to limit the impact of the ruling in Near v. Minnesota.
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Feb 13
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