The landmark Supreme Court case Near v. Minnesota involved prior restraint. In this case, the Court ruled that a state law authorizing the state to enjoin the publication of a newspaper on the grounds that it was a public nuisance and that it had published articles that were defamatory, scandalous, and malicious violated the freedom of the press guaranteed by the First Amendment.
The case involved a newspaper publisher named Jay Near who had published articles critical of local officials in Minneapolis. The state argued that the articles were defamatory and that the paper was a public nuisance.
The Court held that the state's attempt to enjoin the publication was unconstitutional prior restraint, meaning that the government cannot censor or restrict the press before publication unless there is a clear and present danger.
The case was a significant victory for the freedom of the press and has been cited in numerous subsequent cases to support the principle that the government cannot use prior restraint to censor or restrict the press.
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