Can Newspapers Be Prevented from Printing
"Malicious, Scandalous, or Defamatory" Material?

Near v. Minnesota, 283 U.S. 697 (1931)
Suggested talking points are not all Inclusive. Time limits are suggested guidelines and are not meant to be rigidly enforced.

Background

The First Amendment protects the freedom of the press. Before the American Revolution, English authorities often censored the press in order to ensure that articles critical of the government were not widely circulated. The Founders knew that a free press was essential for the promotion of ideas.

The Supreme Court of the United States has been highly critical of any attempt to impose a prior restraint on the press, i.e., prohibiting a paper from publishing a story. The Court has even made it harder for individuals to sue newspapers for libel and slander.

Today, suits involving freedom of the press are still prevalent in the courts. Some prominent issues are: 1) What constitutes "the press" in an age when many people can create their own blog on the Internet? 2) Must reporters reveal their sources when required to by legal authorities?