Press Freedoms
Basics of the Freedom
Near v. Minnesota (1931)
283 U.S. 697 (1931)
Vote: 5-4
Decision: Reversed
Majority: Hughes, joined by Holmes, Brandeis, Stone, Roberts
Dissent: Butler, joined by Van Devanter, McReynolds, Sutherland
CHIEF JUSTICE HUGHES DELIVERED THE OPINION OF THE COURT.
…
[In this case] the county attorney of Hennepin county brought this action to enjoin the publication of what was described as a ‘malicious, scandalous and defamatory newspaper, magazine or other periodical,’ known as “The Saturday Press” published by the defendants in the city of Minneapolis. * * * Without attempting to summarize the contents of the voluminous exhibits attached to the complaint, we deem it sufficient to say that the articles charged, in substance, that a Jewish gangster was in control of gambling, bootlegging, and racketeering in Minneapolis, and that law enforcing officers and agencies were not energetically performing their duties. Most of the charges were directed against the chief of police; he was charged with gross neglect of duty, illicit relations with gangsters, and with participation in graft. The county attorney was charged with knowing the existing conditions and with failure to take adequate measures to remedy them. The mayor was accused of inefficiency and dereliction. One member of the grand jury was stated to be in sympathy with the gangsters … There is no question but that the articles made serious accusations against the public officers named and others in connection with the prevalence of crimes and the failure to expose and punish them …
[A state district court found against the defendant, Jay Near, the publisher of “The Saturday Press”] and found that the defendants through these publications “did engage in the business of regularly and customarily producing, publishing and circulating a malicious, scandalous and defamatory newspaper,” and that “the said publication” “under said name of The Saturday Press, or any other name, constitutes a public nuisance under the laws of the State.” Judgment was thereupon entered adjudging that “the newspaper, magazine and periodical known as The Saturday Press,” as a public nuisance, “be and is hereby abated.” The judgment perpetually enjoined the defendants “from producing, editing, publishing, circulating, having in their possession, selling or giving away any publication whatsoever which is a malicious, scandalous or defamatory newspaper, as defined by law,” and also “from further conducting said nuisance under the name and title of said The Saturday Press or any other name or title.” * * * [Near appealed to the Minnesota Supreme Court which affirmed. 179 Minn. 40, 228 N.W. 326.].
This statute, for the suppression as a public nuisance of a newspaper or periodical, is unusual, if not unique, and raises questions of grave importance transcending the local interests involved in the particular action. It is no longer open to doubt that the liberty of the press and of speech is within th