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Frank v. Minnesota Newspaper Ass’n, 490 U.S. 225 (1989)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Frank v. Minnesota Newspaper Ass’n, 490 U.S. 225 (1989)
Frank v. Minnesota Newspaper Association, Inc. No. 87-1956 Argued March 22, 1989 Decided April 25, 1989 490 U.S. 225
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MINNESOTA
Syllabus
Appellee filed suit in the District Court to bar enforcement of 18 U.S.C. § 1302 -- which, inter alia, prohibits the mailing of any "publication of any kind . . . containing any list of the prizes drawn or awarded by means of" a lottery, gift enterprise, or scheme offering prizes dependent in whole or in part upon lot or chance -- based on the First Amendment and the Due Process Clause of the Fifth Amendment. The court found § 1302 valid as applied to advertisements, but unconstitutional as applied to prize lists. After appellants sought review of the ruling on prize lists and appellee cross-appealed from the ruling on advertisements, Congress passed two laws affecting §1302’s coverage. The parties have agreed to dismiss the cross-appeal.
Held: The appeal on the issue whether § 1302 is constitutional as applied to prize lists is moot. Since appellants now take the position that the statute does not apply to the noncommercial publishing of prize lists, appellee is willing to forgo any further claim to the declaratory and equitable relief sought in its complaint. Thus, there is no longer any live controversy.
677 F.Supp. 1400, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Frank v. Minnesota Newspaper Ass’n, 490 U.S. 225 (1989) in 490 U.S. 225 490 U.S. 226. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=HFPCFIRFAJAVD6Q.
MLA: U.S. Supreme Court. "Syllabus." Frank v. Minnesota Newspaper Ass’n, 490 U.S. 225 (1989), in 490 U.S. 225, page 490 U.S. 226. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HFPCFIRFAJAVD6Q.
Harvard: U.S. Supreme Court, 'Syllabus' in Frank v. Minnesota Newspaper Ass’n, 490 U.S. 225 (1989). cited in 1989, 490 U.S. 225, pp.490 U.S. 226. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=HFPCFIRFAJAVD6Q.
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