Tag: prior restraint

Near v. Minnesota

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Following is the case brief for Near v. Minnesota, United States Supreme Court, (1931) Case summary for Near v. Minnesota: Near was prevented from publishing “The Saturday Press” under a state statute which prevented the publication of “malicious, scandalous and defamatory” periodicals. This specific publication was known to publish racial slurs regarding public officials, specifically Olsen. When the state court […]

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Prior Restraint

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The term prior restraint refers to a governmental restriction on speech or other expression before it can take place. This is seen by many as a blatant violation of the First Amendment rights enjoyed by all Americans, but is sometimes used by courts concerned about the effect publicity might have on a person’s right to a fair trial. Prior restraint […]

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