“In attempted justification of the statute, it is said that it deals not with publication per se, but with the "business" of publishing defamation. If, however, the publisher has a constitutional right to publish, without previous restraint, an edition of his newspaper charging official derelictions, it cannot be denied that he may publish subsequent editions for the same purpose. He does not lose his right by exercising it. If his right exists, it may be exercised in publishing nine editions, as in this case, as well as in one edition. If previous restraint is permissible, it may be imposed at once; indeed, the wrong may be as serious in one publication as in several. Characterizing the publication as a business, and the business as a nuisance, does not permit an invasion of the constitutional immunity against restraint. Similarly, it does not matter that the newspaper or periodical is found to be "largely" or "chiefly" devoted to the publication of such derelictions. If the publisher has a right, without previous restraint, to publish them, his right cannot be deemed to be dependent upon his publishing something else, more or less, with the matter to which objection is made. Nor can it be said that the constitutional freedom from previous restraint is lost because charges are made of derelictions which constitute crimes. With the multiplying provisions of penal codes, and of municipal charters and ordinances carrying penal sanctions, the conduct of public officers is very largely within the purview of criminal statutes. The freedom of the press from previous restraint has never been regarded as limited to such animadversions as lay outside the range of penal enactments. Historically, there is no such limitation; it is inconsistent with the reason which underlies the privilege, as the privilege so limited would be of slight value for the purposes for which it came to be established.”

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "In attempted justification of the statute, it is said that it deals not with publication per se, but with the "business…" by Charles Evans Hughes?
Charles Evans Hughes photo
Charles Evans Hughes 34
American judge 1862–1948

Related quotes

Charles Evans Hughes photo
Will Eisner photo
Philip Roth photo

“When you publish a book, it’s the world’s book. The world edits it.”

Philip Roth (1933–2018) American novelist

"A Visit with Philip Roth," interview with James Atlas, The New York Times Book Review (2 September 1979), p. BR1

Erwin Rommel photo
Bangalore Nagarathnamma photo

“As it is not only written by a woman but by a woman who was born into the same community as mine, I intend to edit and publish it in a proper form.”

Bangalore Nagarathnamma (1878–1952) Indian singer

Firstpost Article - An early 20th century tale of censorship - 22 Mar 2020 https://www.firstpost.com/living/an-early-20th-century-tale-of-censorship-how-bangalore-nagarathnamma-fought-social-norms-to-revive-the-legacy-of-muddupalani-8132331.html Archive https://web.archive.org/web/20200415202057/https://www.firstpost.com/living/an-early-20th-century-tale-of-censorship-how-bangalore-nagarathnamma-fought-social-norms-to-revive-the-legacy-of-muddupalani-8132331.html
About Radhika Santawanam (Appeasing Radhika)

Machado de Assis photo

“Man is…a thinking erratum, that's what he is. Every season of life is an edition that corrects the one before and which will also be corrected itself until the definitive edition, which the publisher gives to the worms gratis.”

Machado de Assis (1839–1908) Brazilian writer

Homem é…uma errata pensante, isso sim. Cada estação da vida é uma edição, que corrige a anterior, e que será corrigida também, até a edição definitiva, que o editor da de graça aos vermes.
Source: As Memórias Póstumas de Brás Cubas (1881), Ch. 27, p. 57.

Bill Moyers photo

“Journalists who make mistakes get sued for libel; historians who make mistakes get to publish a revised edition.”

Bill Moyers (1934) American journalist

"The Big Story", speech to the Texas State Historical Association (7 March 1997), as quoted in Moyers on Democracy (2008), p. 131

Robert Barron (bishop) photo

Related topics