Which case addressed prior restraint at the state level?

Which case addressed prior restraint at the state level?

• A. New York Times Co. v. United States
• B. Near v Minnesota
• C. Branzburg v. Hayes
• D. Hazelwood School District v. Kuhlmeier

Answer: (B)

Prior restraint—the government stopping publication before it occurs—is a central limit on government power over speech. Near v. Minnesota is the landmark case that addresses this at the state level. In this decision, Minnesota tried to enjoin a weekly newspaper from publishing, but the Supreme Court ruled that the state could not use prior restraint to suppress the press; the First Amendment applies to state governments through the Fourteenth Amendment, so state actions that censor publication before it happens are generally unconstitutional. The ruling establishes a strong presumption against prior restraints on the press and reinforces the idea that states must respect press freedom just as the federal government does. The other cases deal with different issues—federal government attempts at prior restraint, journalist-source privileges, or school censorship—so they don’t fit as directly with the question about state-level prior restraint.

Prior restraint—the government stopping publication before it occurs—is a central limit on government power over speech. Near v. Minnesota is the landmark case that addresses this at the state level. In this decision, Minnesota tried to enjoin a weekly newspaper from publishing, but the Supreme Court ruled that the state could not use prior restraint to suppress the press; the First Amendment applies to state governments through the Fourteenth Amendment, so state actions that censor publication before it happens are generally unconstitutional. The ruling establishes a strong presumption against prior restraints on the press and reinforces the idea that states must respect press freedom just as the federal government does. The other cases deal with different issues—federal government attempts at prior restraint, journalist-source privileges, or school censorship—so they don’t fit as directly with the question about state-level prior restraint.