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Near v. State of Minnesota ex rel. Olson

United States Supreme Court

283 U.S. 697 (1931)

Relevant factsFree

A Minnesota statute allowed a "malicious, scandalous and defamatory" newspaper to be abated as a public nuisance, with injunctions barring further publication. Near (defendant) published "The Saturday Press," which printed racial slurs and attacks on Minnesota public officials, including Olson (plaintiff). Olson sued under the statute, and the state trial court ordered Near's paper shut down; the state supreme court affirmed. Near appealed to the U.S. Supreme Court.

IssueFree

Whether a state statute allowing publications deemed "malicious, scandalous, or defamatory" to be abated as a nuisance violates the freedom of the press protected against state action by the Fourteenth Amendment.

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