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The Amendment Of The Bill Of Rights

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An important provision of the Bill of Rights is the protection of freedom to publish, as provided by the First Amendment. This protection applies to all kinds of publications, even those that print unpopular opinions. In most censorship cases, every attempt is made to suppress the written word after publication, not before. Minnesota passed a law in 1925 that sought to prevent newspapers, magazines, and other publications from printing obscene, malicious, scandalous and defamatory material. This law was called the Minnesota Gag Law . This law allowed private citizens and/or public prosecutors to request a court injunction to shut down any publication that was known as a public nuisance. Publishers of newspapers had to show that they had good motives for anything they were going to print before they printed it. Jay M. Near owned a newspaper called The Saturday Press which was located in Minneapolis, Minnesota. He sought to report on corruption in city politics. The articles he published stated that Minneapolis was being controlled by a Jewish gangster. Near frequently criticized officials and accused them of being dishonest. He argued that Jews were ruling the city and that the governor was incompetent. He also alleged that the chief of police was taking bribes. Near was arrested. Based on the Minnesota law, Near was stopped from publishing his newspaper in 1925 . The county attorney sued Near on behalf of the state of Minnesota. According to Cornell University Law

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