In the 1983 case Keeton v. Hustler Magazine, Inc., Kathy Keeton sued Hustler Magazine and its publisher Larry Flynt in New Hampshire for libel over a series of articles published between 1975 and 1976. The magazine argued that the state did not have jurisdiction because they had minimal contacts with it, as only about three percent of their total circulation was distributed there. However, the Supreme Court ruled in favor of Keeton stating that even though she lived in New York and worked primarily in Europe at the time of publication, her reputation could still be damaged anywhere including New Hampshire where she filed suit. The court also held that due to continuous circulation by Hustler within New Hampshire over several years constituted sufficient contact with the state to establish jurisdiction under its long-arm statute.

In the dissenting opinion for Keeton v. Hustler Magazine, Inc., Justice Brennan argued that the Court's decision to allow a plaintiff to sue in any state where a magazine is circulated, regardless of how few copies are sold there, could potentially lead to forum shopping and an unfair burden on publishers. He contended that this ruling would make it possible for plaintiffs with minimal connections to a particular state to bring suit there simply because they might receive more favorable treatment or damages under its laws. Furthermore, he expressed concern about the potential chilling effect on free speech if publishers had to worry about being sued in any jurisdiction where their publications were distributed. In his view, such concerns should have led the court towards requiring stronger ties between defendants and states before allowing lawsuits against them.