Near V. Minnesota - The Court's Decision

The Court's Decision

The U.S. Supreme Court held that, except in rare cases, censorship is unconstitutional. The court held:

"For these reasons we hold the statute, so far as it authorized the proceedings in this action under clause (b) of section one, to be an infringement of the liberty of the press guaranteed by the Fourteenth Amendment. We should add that this decision rests upon the operation and effect of the statute, without regard to the question of the truth of the charges contained in the particular periodical. The fact that the public officers named in this case, and those associated with the charges of official dereliction, may be deemed to be impeccable cannot affect the conclusion that the statute imposes an unconstitutional restraint upon publication."

Note that the paragraph above cites the Fourteenth Amendment and not the First Amendment. This is because the Fourteenth Amendment incorporates the First and makes it applicable to the States. As literally written, the First Amendment applies to Congress and the federal government, not the states.

This case strengthened the notion that a prior restraint of the press violates the First Amendment. However, it left a loophole which would be used later for other prior restraint cases, citing certain circumstances in which prior restraint could potentially be used:

"The objection has also been made that the principle as to immunity from previous restraint is stated too broadly, if every such restraint is deemed to be prohibited. That is undoubtedly true; the protection even as to previous restraint is not absolutely unlimited. But the limitation has been recognized only in exceptional cases. 'When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right.' (Schenck v. United States). No one would question but that a government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of transports or the number and location of troops. On similar grounds, the primary requirements of decency may be enforced against obscene publications. The security of the community life may be protected against incitements to acts of violence and the overthrow by force of orderly government."

Hughes (Ct): "...the fact that liberty of press may be abused does not make any less necessary the immunity of the press from prior restraint...a more serious evil would result if officials could determine which stories can be published..."