Prior Restraint and the case of Near v. Minnesota

1
Prior Restraint and the case of Near v. Minnesota

• September 7-9, 2004
• ComS 152
• Freedom of Speech

2
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?

3
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?

4
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

5
The Progeny of Near

• What the heck is a progeny anyhow?
• New York Times v. USthe Pentagon Papers case
• The Progressive casenot a SCt. case, but still
  important
• The CIA casesUS v. Marchetti, Haig v. Agee

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A Glossary of Terms

• Seditious libel
• Previous restraint/prior restraint
• Presumption
• Magic bullet theory of communication
• Gatekeeper theory of communication