Question

Which of the is not a permissible circumstance under which to implement a prior restraint, under Near v. Minnesota?

Answer 1

The question is incomplete. This is the complete question:

Which of the following is not a permissible circumstance under which to implement a prior restraint, under Near v. Minnesota?

a. obscene publications.

b. Fighting words likely to promote immense violence.

c. Obstruction of military recruitment.

d. Publication of troop movement in the time of war.

Answer:

The answer is b. Fighting words likely to promote immense violence.

Explanation:

Although it is possible for certain words to cause immense violence when used in publications, under Near v. Minnesota (a United States Supreme Court decision which declared that prior restraints on publication violated the freedom of speech and press) it is still not permissible to implement a prior restraint, even when publications use fighting words that are likely to promote immense violence.