Minneapolis Star & Tribune Co. v. Minnesota Commissioner of
Revenue case brief summary
460 U.S. 575 (1983)
CASE FACTS
A newspaper challenged the finding that Minnesota's imposition of a use tax on ink and paper used in publications was not a violation of the guarantees of freedom of the press and equal protection under the First and Fourteenth Amendments.
DISCUSSION
CONCLUSION
The decision upholding the constitutionality of the Minnesota use tax imposed on newspapers was reversed.
Suggested Study Aids and Books
460 U.S. 575 (1983)
CASE SYNOPSIS
Petitioner newspaper instituted an
action against respondent Minnesota Commissioner of Revenue, seeking
a refund of use taxes paid pursuant to Minn. Stat. §
297A.14 (1982). The Supreme Court of Minnesota upheld the tax
against a federal constitutional challenge. The newspaper sought a
writ of certiorari.CASE FACTS
A newspaper challenged the finding that Minnesota's imposition of a use tax on ink and paper used in publications was not a violation of the guarantees of freedom of the press and equal protection under the First and Fourteenth Amendments.
DISCUSSION
- The Court found that Minnesota had created a special tax that applied only to certain publications protected by the First Amendment.
- Although the state argued that the tax on paper and ink was part of the general scheme of taxation, the Court found that the use tax provision was facially discriminatory.
- Minnesota's treatment of publications differed from that of other enterprises, and Minnesota offered no adequate justification for the special treatment of newspapers.
- The court held that Minnesota's ink and paper tax violated the First Amendment, not only because it singled out the press, but also because it targeted a small group of newspapers.
CONCLUSION
The decision upholding the constitutionality of the Minnesota use tax imposed on newspapers was reversed.
Suggested Study Aids and Books
No comments:
Post a Comment