NEAR V. STATE OF MINNESOTA EX REL. OLSON, CO. ATTY.

Argued Jan. 30, 1930.

Decided June 1, 1931.

Mr. Chief Justice Hughes delivered the opinion of the Court.

Chapter 285 of the Session Laws of Minnesota for the year 1925 provides for the abatement, as a public nuisance, of a ''malicious, scandalous and defamatory newspaper, magazine or other periodical.'' Section 1 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 newspaper, magazine, or other periodical, or

''(b) a malicious, scandalous and defamatory newspaper, magazine or other periodical,

—is guilty of a nuisance, and all persons guilty of such nuisance may be enjoined, as hereinafter provided.

''Participation in such business shall constitute a commission of such nuisance and render the participant liable and subject to the proceedings, orders and judgments provided for in this Act. Ownership, in whole or in part, directly or indirectly, of any such periodical, or of any stock or interest in any corporation or organization which owns the same in whole or in part, or which publishes the same, shall constitute such participation.

''In actions brought under (b) above, there shall be available the defense that the truth was published with good motives and for justifiable ends and in such actions the plaintiff shall not have the right to report (sic) to issues or editions of periodicals taking place more than three months before the commencement of the action.''