Steelman · slot B
Defamation is not journalism
A proponent of Justice Butler's dissent would argue —Look at what The Saturday Press actually was. Near declared that 90 percent of crime was committed by Jews, called Jewish residents "vermin," and told them to "clean house" if they didn't want to be smeared. His prior paper ran headlines about "White Slavery" and trafficked in racial slurs, and both outfits had a documented history of taking money to publish scandal. Minnesota did not enjoin a newspaper; it abated a nuisance whose regular trade was malicious defamation of identifiable people and an entire religious minority. The First Amendment was never understood to immunize that as a business model. A state that can shut a brothel or a fraud operation can shut a publication whose ongoing function is libel, and saying so does not endanger any honest reporter.