How Bad Facts Make Good First Amendment Law
Jay Near, a controversial figure known for his sensationalist and racist journalism, became central to a landmark free speech case in the United States. Despite the offensive nature of his publication, The Saturday Press, the Supreme Court ruled in his favor, extending First Amendment protections to the press. This case illustrates how legally unsavory individuals can help establish important constitutional precedents.
- ▪Jay Near published The Saturday Press, a newspaper known for sensationalist and racist content, in Minneapolis during the 1920s.
- ▪Near and his associate Howard Guilford faced violent retaliation after publishing exposés on local corruption and organized crime.
- ▪The Supreme Court's 1931 decision in Near v. Minnesota established a key precedent by ruling that prior restraint on publication violates the First Amendment.
- ▪Near's paper frequently targeted Mose Barnett, a Jewish gangster, and criticized Police Chief Frank Brunskill for failing to act on criminal threats.
- ▪Although Near's journalism was ethically questionable, his case significantly advanced constitutional press freedoms in the U.S.
Opening excerpt (first ~120 words) tap to expand
Free Speech How Bad Facts Make Good First Amendment Law Jay Near was a hateful man whose litigation set a vital precedent for free speech. Jacob Mchangama and Jeff Kosseff | 5.4.2026 9:20 AM <img fetchpriority="high" decoding="async" class="alignnone size-full wp-image-8380269" src="https://reason.com/wp-content/uploads/2026/05/41Ya-4mpqTL._SY445_SX342_FMwebp_1.webp" alt="" width="295" height="445" srcset="https://reason.com/wp-content/uploads/2026/05/41Ya-4mpqTL._SY445_SX342_FMwebp_1.webp 295w, https://reason.com/wp-content/uploads/2026/05/41Ya-4mpqTL._SY445_SX342_FMwebp_1-199x300.webp 199w" sizes="(max-width: 295px) 100vw, 295px" /> The old legal saying, "bad facts make bad law," might be true in some cases.
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