Question

(02.02 MC) The question is whether a statute authorizing such proceedings in restraint of publication is consistent with the conception of the liberty of the press as historically conceived and guaranteed. In determining the extent of the constitutional protection, it has been generally, if not universally, considered that it is the chief purpose of the guaranty to prevent previous restraints upon publication. The struggle in England, directed against the legislative power of the licenser, resulted in renunciation of the censorship of the press. The liberty deemed to be established was thus described by Blackstone: The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press; but if he publishes what is improper, mischievous or illegal, he must take the consequence of his own temerity. —From Near v. Minnesota (1931) Which of the following Supreme Court cases held a similar debate as Near v. Minnesota?

Answer 1

Answer:

New York Times Co. v. United States

Explanation:

This rulling by the Supreme Court happened in 1971, and it regarded the First Amendment.

It happened because New York Times leaked classified information of the report regarding the role of USA in the Indochina. The dilemma was whether can New York Times publish such classified documents, or Pentagon Papers, without risk of government punishment or censorship. They claimed that they have a constitutional right of the freedom of the press, guaranteed by the First Amendment. The Supreme Court ruled in favor of the New York Times.