December 1, 1927court rulingpress freedomcivil libertiesfirst amendmentfirst amendmentpress freedomprior restraint
Hennepin County judge permanently enjoins the Saturday Press as a public nuisance, the first court-ordered prior restraint on a U.S. newspaper upheld through state appeal
Hennepin County District Court Judge Mathias Baldwin issued a permanent injunction on December 1, 1927, restraining Jay Near from publishing any further issues of the Saturday Press under Minnesota's Public Nuisance Abatement Law. The court found the paper to be a 'malicious, scandalous, and defamatory' nuisance without requiring proof that any specific allegation was false. Near could resume publication only by proving to a court's satisfaction that future issues would be unobjectionable — a condition that gave the government pre-publication approval over newspaper content. The Minnesota Supreme Court affirmed the injunction, and the case went to the U.S. Supreme Court.