PSC 441 Lecture Notes - Lecture 3: Actual Malice, Gun Safety, Prior Restraint
Document Summary
State gag law allows a judge without a jury to halt publication of any paper or magazine if it was lewd, scandalous, malicious, defamatory, etc. J near published press and wrote that local officials were being controlled by jewish gangsters. He was prevented from publishing under minnesota law for publishing and circulating obscene, lewd, lascivious, malicious, scandalous, etc. was guilty of a nuisance. https://www. youtube. com/watch?v=u6btv7ykty https://mtsu. edu/first-amendment/article/504/near- v-minnesota. Justice department had no proof that future articles would compromise diplomatic relations, but they argued that the release would disrupt negotiations and embarrass diplomatic effort https://www. youtube. com/watch?v=kyg- ledhw24 https://www. youtube. com/watch?v=yncmoqqfj0. Sc ruled that the law was unconstitutional and took away freedom of speech. Reaffirmed that the 14th amendment incorporated the 1st. Espionage act couldn"t be applied to stop the presses because it was not a criminal activity. Civil rights ad in nyt advertised a wave of terror, and claimed police tried to starve a university into submission.
