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NEAR v. MINNESOTA EX REL. OLSON

No. 91.

283 U.S. 697 (1931)

NEAR v. MINNESOTA EX REL. OLSON, COUNTY ATTORNEY.

Supreme Court of United States.

Decided June 1, 1931.

Attorney(s) appearing for the Case

Mr. Weymouth Kirkland, with whom Messrs. Thomas E. Latimer, Howard Ellis, and Edward C. Caldwell were on the brief, for appellant.

Messrs. James E. Markham, Assistant Attorney General of Minnesota, and Arthur L. Markve, Assistant County Attorney of Hennepin County, with whom Messrs. Henry N. Benson, Attorney General, John F. Bonner, Assistant Attorney General, Ed. J. Goff, County Attorney, and William C. Larson, Assistant County Attorney, were on the brief, for appellee.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

Chapter 285 of the Session Laws of Minnesota for the year 19251 provides for the abatement, as a public nuisance, of a "malicious, scandalous and defamatory newspaper, magazine or other periodical." Section one of the Act is as follows:

"Section 1. Any person who, as an individual, or...

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