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Constitutional Law Keyed to Chemerinsky
Near v. State of Minnesota ex rel. Olsen
Facts
In 1927, Minnesota passed a law prohibiting the publication of any newspaper, periodical or magazine that was “malicious, scandalous and defamatory or obscene, lewd and lascivious.” Anyone who distributed such materials was prohibited from continuing production and was charged with creating a public nuisance. In late 1927, the Petitioner published several article in The Saturday Press what indicated that the local law enforcement was not “energetically” pursuing the head of the local mob. The Petitioner was then forced to stop production, as he was convicted of producing a public nuisance.
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