You can’t stop anyone from publishing anything, period.
You can’t stop anyone from publishing anything, period.
Who would stop the presses if he could?
The First Amendment case Near v. Minnesota is more than 90 years old, still law of the land, and still protecting us from authoritarian threats. The 1931 decision held that “prior restraint” on publishing even false and tasteless news violated the First Amendment. It insists that you can’t stop anyone from publishing anything, period. And who do we know today that would stop the presses if he could?
One Presidential candidate comes to mind.
This candidate loves the First Amendment when slandering victims of sexual abuse, political opponents, Justice Department prosecutors and basically any fly in his slippery ointment. But on the topic of how the press covers him, we can expect retribution to begin promptly on Dictator Day (his first day back in office, he says). He won’t hesitate to use government power to silence the “enemy of the people” press, and he has suggested that some journalists should be jailed.
A little more about Jay Near, the Minneapolis publisher whose tabloid newspaper routinely attacked Catholics, Jews, blacks and labor unions. But that’s not what got him into trouble. Things didn’t get out of hand legally until he accused the mayor, the police chief and Hennepin County Attorney (and future Governor) Floyd Olson of corruption. Olson sued Near under a public nuisance law that targeted “malicious” journalism, a gag law. In other words, he put Near out of business.
Near sued back and won. The case has been upheld many times, most prominently in the 1971 case New York Times v. United States, the Pentagon Papers. If we met him today, we probably wouldn’t care much for Jay Near. But we should be grateful that he fought a good fight that made the American press the freest in the world. Thanks, Jay Near.
Post submitted by Frank Schneider, a volunteer with The Union. Frank enjoyed a career in tech marketing and sales before starting Fact Based Media, a “tiny communications company with big ideas for preserving American democracy.” He is a native Minnesotan, has degrees from the University of St. Thomas and University of Minnesota, loved Hubert Humphrey, and still follows the Twins. He now lives in Kansas City.
Note: The views and opinions expressed by volunteer contributors are those of the authors and do not necessarily reflect the positions of The Union, a single-issue organization that welcomes all and is dedicated to protecting democracy.
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