Syllabus The Class Communication Resources Tony Parker
COM400
The Class Pivotal Cases
Near v. Minnesota: An Intensive Analysis


  1. The Birth of Minnesota's Public Nuisance Law
    1. John Morrison and the Duluth Rip-Saw
    2. The Public Nuisance Act of 1925

      "Any person who . . . shall be engaged in the business of regularly or customarily producing, publishing or circulating, having in possession, selling or giving away, (a) an obscene, lewd and lascivious newspaper, magazine, or other periodical, or (b) a malicious, scandalous and defamatory newspaper . . . is guilty of nuisance, and all persons guilty of nuisance may be enjoined, as hereinafter provided. . . . In actions brought under above, there shall be available the defense that the truth was published with good motives and for justifiable ends."

  2. The Setting for the Near case
    1. Jay Near and Howard Guilford in Minneapolis-St.Paul
    2. The November 19, 1927 issue of the Saturday Pres .
    3. The restraining order against publishing the Saturday Press
    4. The decision of the Minnesota Supreme Court
    5. Near obtains powerful support for his appeal
    6. The local court's ruling on a permanent injunction
    7. The Minnesota Supreme Court's review of the permanent injunction

  3. The Near case before the Supreme Court
    1. The Supreme Court agrees to hear the case
    2. Fate throws a strange twist into the case
    3. Kirkland's argumentative strategy before the Supreme Court
    4. The State of Minnesota's argumentative strategy
    5. The Supreme Court's conference
    6. Chief Justice Hughes writes the majority opinion
    7. The Supreme Court announces the decision in the Near case

  4. Aftermath
    1. Reactions in the press
    2. But things don't change in local politics
    3. The fate of Jay Near and the Saturday Press
    4. Chief Justice Hughes and the Near case
    5. Subsequent rulings based on the Court's decision in Near:
      • New York Times v. United States (1971): The "Pentagon Papers" Case
      • United States v. The Progressive, (1979).

E-mail the professor Tony Parker at parker@jan.ucc.nau.edu, or call (520)523-2508

Syllabus The Class Communication Resources Tony Parker


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