The principle of prior restraint, established in the case of near v. minnesota, relates to quizlet
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Near v. Minnesota (1931) is a landmark Supreme Court case revolving around the First Amendment. In this case, the Supreme Court held that prior restraint on publication violated the First Amendment. This holding had a broader impact on free speech generally. Show
In Near v. Minnesota, a Minnesota public official sued Near, who published “The Saturday Press,” under a Minnesota State statute that allowed for temporary and permanent injunctions against those who created a “public nuisance,” by publishing, selling, or distributing a “malicious, scandalous and defamatory newspaper.” The state court held in favor of the public official and ordered the cessation of “The Saturday Press.” The State’s supreme court affirmed, and Near appealed to the United States Supreme Court. The Supreme Court reversed the State court holding that prior restraint of the press is unconstitutional. The First Amendment protects citizen’s freedom of speech from the federal government’s censorship. The Supreme Court used the Fourteenth Amendment (doctrine of incorporation) to apply the First Amendment to state governments. The Supreme Court reasoned that the relevant statute allowing prior restraint could lead to a system of complete censorship under the guise of preventing public nuisance. The Minnesota statute required publications to seek official approval before publication by showing “good motives and justifiable ends” for their content, or risk censorship. However, under the First Amendment, even if the liberty of press is abused by miscreant purveyors of scandal, it “does not affect the requirement that the press has immunity from previous restraints when it deals with official misconduct.” Therefore, neither the federal nor any state government could censor publications in advance (with certain exceptions such as wartime). Subsequent punishment for such abuses may be a more appropriate remedy. [Last updated in July of 2020 by the Wex Definitions Team] Recommended textbook solutionsAmerican Government1st EditionGlen Krutz 412 solutions  Criminal Justice in America9th EditionChristina Dejong, Christopher E. Smith, George F Cole 105 solutions
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Criminal Justice in America9th EditionChristina Dejong, Christopher E. Smith, George F Cole 105 solutions What is the Supreme Court's position on prior restraint quizlet?The Supreme Court's position on prior restraint of the press is that: prior restraint should apply only in rare circumstances and that the press is held accountable largely for what is reported rather than by restricting what can be reported.
What does the constitutional doctrine of prior restraint prohibit quizlet?What is the doctrine of prior restraint? Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st Amendment.
Which case saw the Supreme Court develop a three part test to legally define obscenity and indecent or offensive speech quizlet?The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court's decision in Miller v. California (1973).
Which case decided in 1965 first firmly established the right to privacy quizlet?Feedback: In 1965, in the landmark case of Griswold v. Connecticut, the Supreme Court held that a right to privacy is implied by other constitutional rights guaranteed in the First, Third, Fourth, Fifth, and Ninth Amendments.
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