Nature of the Case
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Facts
A Minnesota statute abated as a public nuisance a newspaper of a 'malicious, scandalous, and defamatory' nature. The statute allowed the County Attorney of any county where any such periodical is published or circulated to enjoin perpetually the persons committing or maintaining any such nuisance from further committing or maintaining it. The Saturday Press (D) published 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 Chief of Police was charged with gross neglect of duty, illicit relations with gangsters, and with participation in graft. The County Attorney was charged with knowing the existing conditions and with failure to take adequate measures to remedy them. The Mayor was accused of inefficiency and dereliction. One member of the grand jury was stated to be in sympathy with the gangsters. A special grand jury and a special prosecutor were demanded to deal with the situation in general, and, in particular, to investigate an attempt to assassinate one Guilford, one of the original defendants, who, it appears from the articles, was shot by gangsters after the first issue of the periodical had been published. The articles made serious accusations against the public officers named and others in connection with the prevalence of crimes and the failure to expose and punish them. Minnesota (P) brought an action to abate further publication. Near (D) demurred to the complaint challenging the constitutionality of the statute. The District Court overruled the demurrer and certified the question of constitutionality to the Supreme Court of the State. The Supreme Court sustained the statute. The trial court eventually issued P a permanent injunction. D appealed.
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