Prior Restraint and the case of Near v. Minnesota

September 7-9, 2004ComS 152

Freedom of Speech

The History of the Concept of Prior Restraint The Greek tradition The English tradition Sir William Blackstone An interesting question: Is it really

free speech if we only guarantee that you are free to publish or speak, but then are unwilling to put limits on how you can be punished for that speech subsequently?

Near v. Minnesota: the facts of the case

What is the political climate like in Minneapolis at the time of the case?

What exactly is being prohibited? What did the law say?

How did lower courts rule in the case? Did the US Supreme Court accept the

case for certiorari?

Near v. Minnesota: the Supreme Court case Decision in the case What did the majority argue? What points did those justices in

dissent make? Why is this case significant?

The presumption against prior restraints is large.

The establishment of the war time exception

The Progeny of Near

What the heck is a “progeny” anyhow?

New York Times v. US—the Pentagon Papers case

The Progressive case—not a SCt. case, but still important

The CIA cases—US v. Marchetti, Haig v. Agee

A Glossary of Terms

Seditious libel Previous restraint/prior restraint Presumption Magic bullet theory of

communication Gatekeeper theory of

communication