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Near v. Minnesota, 75 L. Ed. 1357

Near v. Minnesota, 75 L. Ed. 1357

No. 91 | 1931-06-01

283 U.S. 697

Near v. Minnesota (No. 91)

Argued: January 30, 1931

Decided: June 1, 1931

179 Minn. 40; 228 N.W. 326, reversed.

Syllabus
Opinion, Hughes
Dissent, Butler

Syllabus

1. A Minnesota statute declares that one who engages "in the business of regularly and customarily producing, publishing," etc., "a malicious, scandalous and defamatory newspaper, magazine or other periodical," is guilty of a nuisance, and authorizes suits, in the name of the State, in which such periodicals may be abated and their publishers enjoined from future violations. In such a suit, malice may be inferred from the fact of publication. The defendant...