Can the Government Censor Fake News? | Near v. Minnesota

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In episode 82 of Supreme Court Briefs, after two so-called journalists in Minneapolis publish fake news about politicians, they get in trouble for breaking a Minnesota censorship law. But what the heck? What about the First Amendment?

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Near v. Minnesota made prior restraint, which means courts suppressing media because it hurts society, much more difficult. It was the first major case to tackle attempts to limit what gets published. It was certainly a win for freedom of the press, but it’s also why so many media outlets publish fake news today.