Near v. Minnesota Ex Rel. Olson

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 news*702paper, magazine or other periodical.” Section one of the Act is as follows:

“ Section 1. Any person who, as an individual, or as a member or employee of a firm, or association or organization, or as an officer, director, member or employee of a corporation, shall be engaged in the business of regularly or customarily producing, publishing or circulating, having in possession, selling or giving away.(a) an obscene, lewd and lascivious…