Constitutional Law Keyed to Stone
Near v. Minnesota
Facts
In November, 1927, a county attorney sought to invoke this statute against The Saturday Press, which had run a series of articles charging “in substance that a Jewish gangster was in control of gambling, bootlegging and racketeering in Minneapolis, and that law enforcing officers and agencies were not energetically performing their duties.” The Saturday Press was especially critical of the Chief of Police, who was charged with “gross neglect of duty, illicit relations with gangsters and with participation in graft.” The state trial court, pursuant to the statute, perpetually enjoined The Saturday Press and its owners from publishing or circulating “any publication whatsoever which is a malicious, scandalous or defamatory newspaper.”
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