SCOTUS Comparison Practice

New York Times Co. v. United States (1971)

FRQ Prompt

Jay Near published a scandal sheet in Minneapolis attacking local officials. A state law allowed the government to enjoin (stop) "malicious, scandalous, and defamatory" publications. Near was served with a permanent injunction. The Supreme Court ruled in favor of Near, holding that the government cannot engage in "prior restraint"—preventing material from being published—except in the most extreme circumstances, such as immediate threats to national security.

Identify the First Amendment freedom that is common to both New York Times Co. v. United States and Near v. Minnesota.

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