Near v. Minnesota,
283 U.S. 697Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1931), was a
United States Supreme CourtThe Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
decision that recognized the
freedom of the pressFreedom of the press consists ofconstitutional or statutory protections pertaining to the media and published materials.With respect to governmental information, any government distinguishes which materials are public or protected from disclosure to the public based on classification of information...
from
prior restraintPrior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published...
s on publication, a principle that was applied to free speech generally in subsequent
jurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first...
. The Court ruled that a
MinnesotaMinnesota is a state in the Midwestern region of the United States. The twelfth largest state by area in the U.S., it is the twenty-first most populous, with 5.2 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the...
law that targeted publishers of "
maliciousMalice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
" or "
scandalA scandal is a widely publicized allegation or set of allegations that damages the reputation of an institution, individual or creed. A scandal may be based on true or false allegations or a mixture of both....
ous"
newspaperA newspaper is a publication containing news, information, and advertising. General-interest newspapers often feature articles on political events, crime, business, art/entertainment, society and sports. Most traditional papers also feature an editorial page containing columns that express the...
s violated the
First Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the Congress from making laws "respecting an establishment of religion", prohibiting the free exercise of religion, infringing on the freedom of speech and infringing on the freedom of the...
(as
appliedIncorporation is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment, although some have suggested that the Privileges or Immunities Clause would be a more appropriate textual basis...
through the
Fourteenth AmendmentThe Fourteenth Amendment to the United States Constitution, along with the Thirteenth and Fifteenth Amendments, was adopted after the Civil War as one of the Reconstruction Amendments. It was adopted on July 9, 1868....
). Legal scholar and columnist
Anthony LewisAnthony Lewis is a prominent liberal intellectual, writing for The New York Times op-ed page and The New York Review of Books, among other publications. He was previously a columnist for the Times . Before that he was London bureau chief , Washington, D.C...
called
Near the Court's "first great press case."
It was later a key precedent in
New York Times Co. v. United StatesNew York Times Co. v. United States, 403 U.S. 713 , was a United States Supreme Court per curiam decision. The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.Then-U.S...
(1971), in which the Court ruled against the Nixon administration's attempt to enjoin publication of the
Pentagon PapersThe Pentagon Papers, officially titled United States–Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, were a top-secret United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967. Commissioned by United...
.
In 1927, Jay M.
Near v. Minnesota,
283 U.S. 697Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1931), was a
United States Supreme CourtThe Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
decision that recognized the
freedom of the pressFreedom of the press consists ofconstitutional or statutory protections pertaining to the media and published materials.With respect to governmental information, any government distinguishes which materials are public or protected from disclosure to the public based on classification of information...
from
prior restraintPrior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published...
s on publication, a principle that was applied to free speech generally in subsequent
jurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first...
. The Court ruled that a
MinnesotaMinnesota is a state in the Midwestern region of the United States. The twelfth largest state by area in the U.S., it is the twenty-first most populous, with 5.2 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the...
law that targeted publishers of "
maliciousMalice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
" or "
scandalA scandal is a widely publicized allegation or set of allegations that damages the reputation of an institution, individual or creed. A scandal may be based on true or false allegations or a mixture of both....
ous"
newspaperA newspaper is a publication containing news, information, and advertising. General-interest newspapers often feature articles on political events, crime, business, art/entertainment, society and sports. Most traditional papers also feature an editorial page containing columns that express the...
s violated the
First Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the Congress from making laws "respecting an establishment of religion", prohibiting the free exercise of religion, infringing on the freedom of speech and infringing on the freedom of the...
(as
appliedIncorporation is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment, although some have suggested that the Privileges or Immunities Clause would be a more appropriate textual basis...
through the
Fourteenth AmendmentThe Fourteenth Amendment to the United States Constitution, along with the Thirteenth and Fifteenth Amendments, was adopted after the Civil War as one of the Reconstruction Amendments. It was adopted on July 9, 1868....
). Legal scholar and columnist
Anthony LewisAnthony Lewis is a prominent liberal intellectual, writing for The New York Times op-ed page and The New York Review of Books, among other publications. He was previously a columnist for the Times . Before that he was London bureau chief , Washington, D.C...
called
Near the Court's "first great press case."
It was later a key precedent in
New York Times Co. v. United StatesNew York Times Co. v. United States, 403 U.S. 713 , was a United States Supreme Court per curiam decision. The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.Then-U.S...
(1971), in which the Court ruled against the Nixon administration's attempt to enjoin publication of the
Pentagon PapersThe Pentagon Papers, officially titled United States–Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, were a top-secret United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967. Commissioned by United...
.
Background of the case
In 1927, Jay M. Near, who has been described as "
anti-CatholicAnti-Catholicism is a generic term for discrimination, hostility or prejudice directed at the Catholic Church and/or its clergy or its members, often rooted in hatred or misunderstanding of their religion or culture...
, anti-Semitic,
anti-blackRacism is the belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race. In the case of institutional racism, certain racial groups may be denied rights or benefits, or get preferential treatment...
and anti-labor" began publishing
The Saturday Press in
MinneapolisMinneapolis is the largest city in the U.S. state of Minnesota and is the county seat of Hennepin County. The city lies on both banks of the Mississippi River, just north of the river's confluence with the Minnesota River, and adjoins Saint Paul, the state's capital. Known as the Twin Cities,...
with Howard A. Guilford, a former mayoral candidate who had been convicted of
criminal libelCriminal libel is a legal term which may be used with one of two distinct meanings.It is an alternative name for the common law offence which is also known as "defamatory libel" or, occasionally, as "criminal defamatory libel".It is also used as a collective term for all offences at common law...
.
The paper claimed that Jewish gangs were "practically ruling" the city along with the
police chiefA Chief of Police, also known as Police Chief or sometimes shortened to just Chief is the title typically given to the top official in the chain of command of a police department, particularly in North America. Alternate titles for this position include Police Commissioner, Police Superintendent,...
, Frank W. Brunskill, who was accused of participation in
graftPolitical corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
. Among the paper's other targets were mayor
George E. LeachMajor General George E. Leach was an American military officer and two-time Republican mayor of Minneapolis, Minnesota.He was commissioned a second lieutenant, Field Artillery on April 15, 1905 in the Minnesota National Guard....
,
Hennepin CountyHennepin County is a county located in the U.S. state of Minnesota, named in honor of the 17th-century French explorer Father Louis Hennepin. As of 2000 the population was 1,116,200; in 2008 the U.S. Census Bureau estimated its population to be 1,140,988. Its county seat is Minneapolis...
attorney and future three-term
governorThe Governor of Minnesota is the chief executive of the U.S. state of Minnesota, leading the state's executive branch. Thirty-eight different people have been governors of the state, though historically there were also three governors of Minnesota Territory. Alexander Ramsey, the first...
Floyd B. OlsonFloyd Bjørnstjerne Olson was an American politician. He served as the 22nd Governor of Minnesota from January 6, 1931 to August 22, 1936. He died in office from stomach cancer. He was a member of the Minnesota Farmer-Labor Party, and was the first member of the Farmer-Labor Party to win the...
, and the members of the
grand juryIn the common law, a grand jury is a type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments...
of Hennepin County, who the paper claimed were either incompetent or willfully failing to investigate and prosecute known criminal activity.
Shortly after the first issue was distributed, Guilford was gunned down and hospitalized, where a further attempt on his life was made. At least one of the stories printed in
The Saturday Press led to a successful prosecution of a gangster called Big Mose Barnett who had intimidated a local dry cleaner by destroying his customers' clothing.
First trial court proceeding
Olson filed a complaint against Near and Guilford under the Public Nuisance Law of 1925. Also known as the "Minnesota Gag Law", it provided permanent
injunctionAn injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the...
s against those who created a "
public nuisanceNuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
," by publishing, selling, or distributing a "malicious, scandalous and defamatory newspaper." Olson claimed that the allegations raised against him and the other named public officials in all nine issues published between September 24 1927, and November 19 1927, as well as the paper's overall anti-Semitic tone, constituted a violation of this law. On November 22 1927, Judge Matthias Baldwin of the Hennepin County District Court issued a temporary injunction that barred the defendants from editing, publishing, or circulating
The Saturday Press or any other publication containing similar material. This injunction was granted without notice to either defendant on an
ex parteEx parte is a Latin legal term meaning "from one party" .An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In Australian, Canadian, U.K., India, U.S...
hearing between Olson and the judge, and was to extend until the hearing on the judge's order for the defendants to show cause as to why they should not be permanently enjoined from publishing their paper. The hearing was held December 9, and future Minneapolis mayor, Thomas Latimer, argued that the defendants' activities were protected by the U.S. and Minnesota constitutions and
demurredA demurrer is a legal pleading filed by a party defending against claims or defenses in a lawsuit. The demurrer challenges whether a legal cause of action exists for the facts, as stated by the complaining party. This is referred to as challenging the "legal sufficiency" of a claim, cause of...
to the complaint.
Judge Baldwin denied the demurrer and was affirmed by the
Minnesota Supreme CourtThe Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...
on appeal.
First Minnesota Supreme Court decision
The State Supreme Court wrote that a scandalous publication "annoys, injures and endangers the comfort and repose of a considerable number of persons," and so constituted a nuisance just as surely as "places where intoxicating liquor is illegally sold," "
houses of prostitutionA brothel, also known as a bordello, cathouse, whorehouse, sporting house and various other euphemisms, is an establishment specifically dedicated to prostitution, providing the prostitutes a place to meet and to have sexual intercourse with clients.-Legality:Today, brothels are illegal in the vast...
," "
dogThe dog is a domesticated form of the Gray Wolf, a member of the Canidae family of the order Carnivora. The term is used for both feral and pet varieties. The domestic dog has been one of the most widely kept working and companion animals in human history...
s," "malicious
fenceA fence is a freestanding structure designed to restrict or prevent movement across a boundary. It is generally distinguished from a wall by the lightness of its construction: a wall is usually restricted to such barriers made from solid brick or concrete, blocking vision as well as passage .Fences...
s," "itinerant carnivals," "
lotteriesA lottery is a form of gambling which involves the drawing of lots for a prize. Some governments outlaw it, while others endorse it to the extent of organizing a national or state lottery...
," and "noxious
weedA weed in a general sense is a plant that is considered by the user of the term to be a nuisance, and normally applied to unwanted plants in human-made settings such as gardens, lawns or agricultural areas, but also in parks, woods and other natural areas. More specifically, the term is often...
s." The court considered that a newspaper may also endanger safety, because "scandalous material" tended to disturb the peace and provoke assaults. The court cited previous Minnesota decisions that upheld the right of the state to enjoin the publication of "details of execution of criminals" and the teaching of "things injurious to society." Restricting the publication of a newspaper based on its harmful content accordingly fell within the legitimate power of "the people speaking through their representatives" to preserve "public morals" and the "public welfare." The court stated that it had to give heavy deference to such decisions, because "[i]t is the prerogative of the legislature to determine not only what the public interests require but also the measures necessary to protect such interests."
Regarding Near and Guilford's defense of freedom of the press under article 1, section 3 of the
Minnesota ConstitutionThe Constitution of the State of Minnesota, USA was initially approved by the residents of Minnesota Territory in a special election held on October 13, 1857, and was ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union...
, the State Supreme Court did not believe that the right was intended to protect the publishing of "scandalous material", but that it only provided "a shield for the honest, careful and conscientious press," not the "defamer and the scandalmonger." Instead, "[h]e who uses the press is responsible for its abuse." The court also ruled that the state constitution's
due processDue process alternatively due process of law or the process that is due, is the principle that the government must respect all of the legal rights that are owed to a person according to the law...
clause did not extend any additional protection.
The trial court's decision after remand
The case then returned to the Hennepin County District Court, and Near and Guilford renewed their objection to the constitutionality of the Public Nuisance Law. Judge Baldwin again overruled their objection. Only the verified complaint that Olson had filed and the newspaper issues themselves were entered as evidence, and the defendants did not try to argue that the
Saturday Press did not fit the definition under the statute, or that their published stories were in fact true. Baldwin ruled that the newspapers contained nothing but scandalous and defamatory material, and permanently enjoined the defendants "from producing, editing, publishing, circulating, having in their possession, selling or giving away any publication whatsoever which is a malicious, scandalous or defamatory newspaper, as defined by law," and also "from further conducting said nuisance under the name and title of said 'The
Saturday Press or any other name or title."
Second Minnesota Supreme Court decision
On appeal once again, the Minnesota Supreme Court ruled that its first decision left little question as to the constitutionality of the statute, both under the defendants' state constitutional challenge and a new argument based on due process under the 14th Amendment to the U.S. Constitution. The defendants also argued that the trial court's injunction went too far because it effectively prevented them from operating
any newspaper, but their appeal did not request a modification of the order. The court in any case disagreed with their interpretation of the order's scope, stating that it did allow them to publish a newspaper, so long as it was operated "in harmony with the public welfare."
Only Near appealed from this decision to the U.S. Supreme Court, which reversed the decision of the Minnesota Supreme Court and ruled that the Public Nuisance Law of 1925 was unconstitutional.
The Court's decision
The U.S. Supreme Court held that, except in rare cases,
censorshipPrior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published...
is
unconstitutionalConstitutionality is the condition of acting in accordance with an applicable constitution; the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution. When one of these directly violates the constitution it is unconstitutional...
. The court held:
"For these reasons we hold the statute, so far as it authorized the proceedings in this action under clause (b) [723] of section one, to be an infringement of the liberty of the press guaranteed by the Fourteenth AmendmentThe Fourteenth Amendment to the United States Constitution, along with the Thirteenth and Fifteenth Amendments, was adopted after the Civil War as one of the Reconstruction Amendments. It was adopted on July 9, 1868....
. We should add that this decision rests upon the operation and effect of the statute, without regard to the question of the truth of the charges contained in the particular periodical. The fact that the public officers named in this case, and those associated with the charges of official dereliction, may be deemed to be impeccable cannot affect the conclusion that the statute imposes an unconstitutional restraint upon publication."
Note that the paragraph above cites the
Fourteenth AmendmentThe Fourteenth Amendment to the United States Constitution, along with the Thirteenth and Fifteenth Amendments, was adopted after the Civil War as one of the Reconstruction Amendments. It was adopted on July 9, 1868....
and not the
First AmendmentThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the Congress from making laws "respecting an establishment of religion", prohibiting the free exercise of religion, infringing on the freedom of speech and infringing on the freedom of the...
. This is because the Fourteenth Amendment
incorporatesIncorporation is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment, although some have suggested that the Privileges or Immunities Clause would be a more appropriate textual basis...
the First and makes it applicable to the States. As literally written, the First Amendment applies to
CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
and the
federal governmentThe federal government of the United States is the central government entity established by the United States Constitution, which shares sovereignty over the United States with the governments of the individual U.S. states. The federal government has three branches: the legislative, executive, and...
, not the
statesA U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government . Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile...
.
This case strengthened the notion that a
prior restraintPrior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published...
of the press violates the First Amendment. However, it left a loophole which would be used later for other prior restraint cases, citing certain circumstances in which prior restraint
could potentially be used:
"The objection has also been made that the principle as to immunity from previous restraint is stated too broadly, if every such restraint is deemed to be prohibited. That is undoubtedly true; the protection even as to previous restraint is not absolutely unlimited. But the limitation has been recognized only in exceptional cases. 'When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right.' (Schenck v. United StatesSchenck v. United States, , was a United States Supreme Court decision which concluded that a defendant did not have a First Amendment right to free speech against the draft during World War I...
). No one would question but that a government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of transports or the number and location of troops. On similar grounds, the primary requirements of decency may be enforced against obscene publications. The security of the community life may be protected against incitements to acts of violence and the overthrow by force of orderly government."
Hughes (Ct): "...the fact that liberty of press may be abused does not make any less necessary the immunity of the press from prior restraint...a more serious evil would result if officials could determine which stories can be published..."
Subsequent developments
Guilford later joined the staff of the
Twin City Reporter. He continued to draw the ire of organized crime in Minneapolis and was shot and killed on September 6 1934.
The Court closed off one of the few outlets remaining to censor the press under
Near in
New York Times Co. v. SullivanNew York Times Co. v. Sullivan, 376 U.S. 254 , was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the...
, which seriously limited the grounds upon which a public official could sue for libel. Statements made regarding their official conduct were only actionable if made with "actual malice," meaning a knowing or reckless disregard for the truth.
Hustler Magazine v. FalwellIn Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 , the United States Supreme Court held, in a unanimous 8-0 decision , that the First Amendment's free-speech guarantee prohibits awarding damages to public figures to compensate for emotional distress intentionally inflicted upon them.Thus, Hustler...
excluded
parodiesA parody , in contemporary usage, is a work created to mock, comment on, or poke fun at an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation...
from even this limited standard, as they included no actionable statements of fact.
Hustler made clear this protection extended beyond merely defamation suits to cover other torts such as
intentional infliction of emotional distressIntentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same...
.
See also
- List of United States Supreme Court cases, volume 279
- Prior restraint
Prior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published...
- New York Times Co. v. United States
New York Times Co. v. United States, 403 U.S. 713 , was a United States Supreme Court per curiam decision. The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.Then-U.S...
- Westmoreland v. CBS
Westmoreland v. CBS was a $120 million libel suit brought by former U.S. Army Chief of Staff General William Westmoreland against CBS Television for the televising of a documentary entitled The Uncounted Enemy: A Vietnam Deception, narrated by the investigative reporter, Mike Wallace. It was shown...
- Pentagon papers
The Pentagon Papers, officially titled United States–Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, were a top-secret United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967. Commissioned by United...
- Newspaper
A newspaper is a publication containing news, information, and advertising. General-interest newspapers often feature articles on political events, crime, business, art/entertainment, society and sports. Most traditional papers also feature an editorial page containing columns that express the...
- Yellow journalism
Yellow journalism is a type of journalism that downplays legitimate news in favor of eye-catching headlines that sell more newspapers. It may feature exaggerations of news events, scandal-mongering, sensationalism, or unprofessional practices by news media organizations or journalists...
- Muckraking
- Kid Cann
Isadore Blumenfeld , commonly known as Kid Cann, was a Jewish-American organized crime figure based in Minneapolis, Minnesota, for over four decades and remains the most notorious mobster in the history of Minnesota...
, one of the most notable gangsters in Minneapolis
- Thomas E. Latimer
Thomas E. Latimer was an American lawyer who served as the Minnesota Farmer-Labor Party mayor of Minneapolis, Minnesota from 1935 to 1937. His mayoral term coincided with a period of labor unrest in the city. Prior to that, Latimer worked as a lawyer on the freedom of the press dispute that...
External links
- Friendly, Fred W.
Fred W. Friendly was the former president of CBS News and the creator, with Edward R. Murrow, of the documentary television program See It Now.-Early career:...
Minnesota Rag May 1981 (Random House) ISBN 0-394-50752-5; Reprinted May 2003 (University of Minnesota Press) ISBN 0-8166-4161-7
- Lewis, Anthony
Anthony Lewis is a prominent liberal intellectual, writing for The New York Times op-ed page and The New York Review of Books, among other publications. He was previously a columnist for the Times . Before that he was London bureau chief , Washington, D.C...
Make No Law, pp. 90-99
- The Supreme Court and the Second Bill of Rights, by Richard Cortner.
- http://www.class.uh.edu/comm/classes/comm4303/section3/nearvsminnesota.html#nvm