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| Near v. Minn., No. 91,
SUPREME COURT OF THE UNITED STATES, June 1, 1931, Decided
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Overview: The newspaper publisher argued that the statute unfairly denied it liberty of press because an injunction issued under the statute would restrain any future newspaper publication. The Court found that the first section of the statute provided for the abatement of a malicious, scandalous, and defamatory newspaper against any person engaged in the business of regularly producing, publishing or circulating, having in possession, selling or giving away a newspaper. The Court held that the liberty of the press was safeguarded by the due process clause of the Fourteenth Amendment. The right was not absolute, and the state could punish its abuse. The right to a free press could not be lost by exercising the right. The language of the statute at issue placed a prior restraint on the newspaper publisher to avoid language that might not be protected, thereby denying him the right of publication. This freedom, by virtue of its very reason for its existence, did not depend on proof of truth.
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