Transcript Prior Restraint and the case of Near v. Minnesota

Prior Restraint and the case of
Near v. Minnesota
September 7-9, 2004
ComS 152
Freedom of Speech
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?
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?
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
The Progeny of Near




What the heck is a “progeny” anyhow?
New York Times v. US—the Pentagon
Papers case
The Progressive case—not a SCt. case,
but still important
The CIA cases—US v. Marchetti, Haig v.
Agee
A Glossary of Terms





Seditious libel
Previous restraint/prior restraint
Presumption
Magic bullet theory of communication
Gatekeeper theory of communication