Venue: |
SCOTUS
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Facts: |
MN has a law providing for the abatement of a malicious, scandalaous and
defamatory newspaper. |
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Posture: |
Unknown |
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Issue: |
Is a statute authorizig restraing of publication consistent with
the conception of liberty of the press? |
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Holding: |
No. This is the essence of censorship. |
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Rule: |
If someone publishes something bad, you can sue them, but you can't
infringe on the freedom of the press. |
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Reasoning: |
There are both public and private remedies available for whatever
wrongs the publisher commits. Freedom of the press isn't unlimited,
but the limitation is only in exceptional cases, as in war. Or
obscenity. |
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Dicta: |
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