Find Laws Find Lawyers Free Legal Forms USA State Laws
Home » Find Laws » Cases Laws » Famous Trials » Near v. Minnesota

Near v. Minnesota

Near V Minnesota

The Background of Near v. Minnesota (1931)

J.M. Near, a Minnesota resident who undertook the publishing of his newspaper ‘The Saturday Press’ was arrested as a result of the content of his publication, which was presumed to be comprised of racist, prejudiced, and objectionable hate-speech; as a result, he was arrested in accordance with his violation of The Minnesota Gag Law of 1925, which was an ordinance passed prohibiting media considered to serve as potential to cause public disturbance and civil disorder; this classification resulted from the presumption that its content is perceived to be objectionable, incendiary, illicit, or immoral by the applicable legislative authority or Government within the jurisdiction of the State of Minnesota - however, Near dismissed charges that his publication contained any intent of criminal behavior.

The classification of public censorship with regard to necessary or unnecessary censorship exists in tandem with the notion of the public sector, which is defined as any setting in which individuals of all ages inhabit that comply with legal statutes of accepted morality and proper behavior; this differs both in accordance to locale and content

Media involving the promotion or undertaking of criminal activity, threat, malice, or the promotion of illegal and damaging ideas with the intent to cause harm

The Case Profile of Near v. Minnesota

The following is a case profile of the legal trial eponymously titled ‘Near v. Minnesota’:

Date of the Trial: January 30th, 1930

Legal Classification: Administrative Law; this legal field regulates ‘due process’, which is defined as the government’s obligation to respect, maintain, and uphold the legal rights of its citizens in the event of an arrest. Both the Federal and State government must preserve and protect an individual’s human rights and liberties; this includes fair, respectful, and ethical treatment devoid of undue violence and harm

Accused Criminal Activity: The following criminal activity and charges were cited by J. M. Near – the owner and operator of the publication titled ‘The Saturday Press’ against the State of Minnesota within the appeal brought forth subsequent to the initial ruling:

J. M. Near cited that the State of California had violated both his 1st and 14th Amendment rights upon his arrest; he explained that his expression was neither illegal nor criminal in nature

As a result, the process under which he was arrested was in direct violation of his freedom of expression. explaining that incendiary, vulgar, or profane expression absent of criminal intent cannot be deemed as criminal acts

United States Reports Case Number: 283 U.S. 697

Date of the Delivery of the Verdict: June 1st, 1931

Legal Venue of Near v. Minnesota: The Supreme Court of the United States

Judicial Officer Responsible for Ruling: Chief Justice Charles E. Hughes

Involved Parties: The following are the parties named with regard to their involvement in the Near v. Minnesota case:

J. M. Near; Plaintiff – Near v. Minnesota

The State of Minnesota: Defendant - Near v. Minnesota

Verdict Delivered: The Supreme Court ruled in favor of Near, stating that the Minnesota Gag Law was a direct violation of the 1st Amendment to the Constitution. Within their ruling, the Supreme Court distinguished the difference between incendiary expression and incendiary acts – Near’s sentiments expressed within his publication were not considered to be of immediate danger, threat, or harm.

Associated Legislation with regard to Near v. Minnesota: The following statutory regulations were employed with regard to the Near v. Minnesota trial:

The 1st Amendment of the Constitution of the United States ensures that every American citizen be granted the freedom to express themselves in accordance with applicable legislature enacted in order to preserve the safety and wellbeing of the general public; however, the right to free speech prohibits ideas, ideology, or creeds to be imposed on any individual without their respective and expressed consent

The 14th Amendment illustrates legislation that disallows the government from infringing on the right(s) to pursue ‘Life, Liberty, and the Pursuit of Happiness’ with regard to any and all citizens of the United States of America – this statute is applicable to all measures of gender, race, religion, and age

NEXT: Nelson Mandela: From Activist to President

Related Articles

Link To This Page


Find an CT Lawyer
Guide to Finding a Lawyer