In the case of Mississippi Publishing Corp. v. Murphree (1945), the U.S Supreme Court ruled in favor of Mississippi Publishing Corporation, overturning a lower court's decision that had upheld an injunction against them for publishing legal notices on Sundays. The issue arose when Judge Sidney Mize issued an order prohibiting newspapers from printing and distributing any form of legal notice or advertisement on Sundays as it violated state law at that time which declared Sunday to be a day of rest and worship, thus no work should be performed including publication activities. However, the Supreme Court held that this prohibition was unconstitutional under the First Amendment rights to freedom of speech and press because it imposed prior restraint on publication without serving any significant governmental interest.

In the dissenting opinion for Mississippi Publishing Corp. v. Murphree, Justice Frank Murphy argued that the majority's decision was a violation of freedom of speech and press as protected by the First Amendment. He contended that it is not within the power of a state to prohibit newspapers from publishing truthful information about public officials or candidates for office, even if such information may be embarrassing or damaging to their reputations. Furthermore, he asserted that any law which attempts to do so is unconstitutional on its face because it infringes upon fundamental rights guaranteed by the Constitution. He also expressed concern over potential misuse of such laws in suppressing political criticism and stifling free expression in democratic society.