Charles evans hughes sr (april 11, 1862 - august 27, 1948) was an american statesman, republican party politician, and the 11th chief justice of the united stateshe was also the 36th governor of new york, the republican presidential nominee in the 1916 presidential election, and the 44th united states secretary of state. The landmark case of near v minnesota, 283 us 697, 51 s ct 625, 75 l ed 1357 (1931), finally settled the issue, with the us supreme court finding that the first amendment imposed a heavy presumption against the validity of a prior restraint. Hughes was an associate justice of the supreme court from 1910 to 1916 and chief justice from 1930 to 1941 source charles evans hughes, majority opinion, near v. In recent weeks, the obama administration has been taking heat for perceived abuses of the first amendment after seizing the telephone records of members of the associated press and statements which seem to favor increased electronic surveillance. In the landmark decision in near v minnesota, 283 us 697 (1931), the supreme court reaffirmed the emerging view that the fourteenth amendment incorporated the first amendment against the states and fashioned the first amendment doctrine opposing prior restraint.
Near v minnesota , 283 us 697 (1931), was a united states supreme court decision that recognized the freedom of the press to be free from prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence. Hughes noted that his decision was based on an analysis of the law's general applications, not the specific context of this case according to the majority opinion, government officials could not be trusted with the responsibility of regulating speech before it even reaches the public. Minnesota,4 chief justice charles evans hughes alluded to the repudiation of press censorship in england in the seventeenth century and stated that the prevention of prior. The minnesota supreme court upheld the law and the order against near, paving the way for the us supreme court to hear the case the us supreme court, in a 5-4 decision, overturned the injunction and ruled the minnesota statute unconstitutional as a prior restraint on the press.
Supreme court chief justice charles evans hughes, seen here, ruled in favor of newton cantwell and his sons in cantwell v connecticut, but expressed concern about catholic religious freedom. The landmark 1931 us supreme court case that bears his name, near vs minnesota, invalidated the state's newspaper gag law, which had been used to suppress near's minneapolis scandal sheet. Near v minnesota freedom of the press is a bedrock constitutional principle however, the presumption that the press cannot be restrained from publishing stories was not established until 1931, when the us supreme court issued its landmark ruling in near v. As the subtitle says, the book centers on the near vminnesota case decided by the us supreme court in 1931 the author does a decent job of drawing the line to the case by the selling of daily sheets in minnesota that often contained scandalous assertions regarding public officials that led to the passage of their public nuisance law.
Charles evans hughes (11 april 1862 - 27 august 1948) was a republican politician and jurist who served as governor of new york, united states secretary of state, associate justice and chief justice of the united states. In his majority opinion, chief justice charles evans hughes argued that the reasonable and limited nature of the law and the unusual severity of the emergency it addressed placed it firmly within the police powers of the states to protect the health and safety of the people. The case became known as near vs minnesota, and resulted in a groundbreaking us supreme court decision extending the freedom of the press this state was not exactly minnesota nice back in. An analysis of the case of near versus minnesota by chief justice charles evans hughes pages 1 words 632 view full essay more essays like this. The majority opinion affirmed the explicit command of the constitution that freedom to speak and publish shall not be abridged, echoing the trenchant phases of chief justice charles evans hughes half a century earlier in near v.
Called the first great press case, near v minnesota (1931) held that a minnesota law that targeted publishers of malicious or scandalous 9 ibid fellow baptist hugo black, a senator from alabama, voted against hughes's confirmation as chief. After near's appeals in the minnesota courts failed, the action moved to the us supreme court at oral argument associate justice louis d brandeis lectured the attorney for the state of. For the namesake of near v minnesota (1931), jay m near, who died in 1936, was not a very nice person 4 decision in favor of near - on the ground, as chief justice charles evans hughes.
The hughes court refers to the supreme court of the united states from 1930 to 1941, when charles evans hughes served as chief justice of the united stateshughes succeeded william howard taft as chief justice after the latter's retirement, and hughes served as chief justice until his retirement, at which point harlan stone was nominated and confirmed as hughes's replacement. Hughes, charles evans (11 apr 1862-27 aug 1948), governor of new york, secretary of state, and chief justice of the us supreme court, was born in glens falls, new york, the only son of mary catherine connelly and david charles hughes, a baptist (formerly methodist) preacher who had immigrated to the united states from wales in 1855. Chief justice charles evans hughes associate justices oliver wendell holmes, willis van devanter, james mcreynolds, louis brandeis, george sutherland, pierce butler, harlan stone, owen roberts case opinions. Of course, the freedom to publish was not absolute, the chief justice continuedduring war, for example, government could restrain the press in the interests of national security, but near's case did not pose this threat.
List of united states supreme court cases by the hughes court topic this is a partial chronological list of cases decided by the united states supreme court during the hughes court , the tenure of chief justice charles evans hughes from february 24, 1930 through june 30, 1941. Chief justice of the us supreme court, charles evans hughes (1862-1948) had an extraordinary public career in addition to serving as chief justice in 1930-1941, he was new york governor (1907. Find helpful customer reviews and review ratings for minnesota rag the dramatic story of the landmark supreme court case that gave new meaning to freedom of the press at amazoncom read honest and unbiased product reviews from our users.