The 1931 Supreme Court case Near v. Minnesota effectively established the principle of prior restraint as unconstitutional. This means government entities cannot, except under very limited circumstances, suppress or prohibit the publication of material in advance, even if that material is considered libelous or harmful. The case stemmed from Minnesota officials attempting to shut down a newspaper they deemed a public nuisance due to its publication of articles critical of local officials and alleging their involvement in criminal activity. The Supreme Court found this action violated the First Amendment’s freedom of the press.
This landmark decision significantly shaped the American understanding of free speech and press. It established a strong presumption against censorship and ensured a free flow of information, even if that information is controversial or potentially damaging. This protection against prior restraint is considered vital for a healthy democracy and serves as a safeguard against government overreach. The historical context of increasing government censorship in the early 20th century underscores the importance of this decision in protecting the public’s right to know.
