In the 1936 case of Tennessee Publishing Co. v. American National Bank et al., the U.S Supreme Court ruled in favor of American National Bank, upholding a lower court's decision that allowed for an injunction against Tennessee Publishing Company from publishing certain information about a bankruptcy proceeding. The bank had argued that such publication would interfere with its ability to collect on debts owed by the bankrupt party and could potentially harm its reputation as well. The Supreme Court agreed, stating that while freedom of press is important, it does not supersede all other rights or interests; particularly when those interests involve preserving fair trials and protecting private parties from undue harm or embarrassment.

The dissenting opinion in the case of Tennessee Publishing Co. v. American National Bank et al., 1936, argued that the court's decision to uphold a lower court ruling prohibiting newspapers from publishing information about probate proceedings was an infringement on freedom of speech and press as protected by the First Amendment. The justice contended that such restrictions could lead to potential abuses within these proceedings due to lack of public scrutiny and transparency. Furthermore, they believed it was not within the power or jurisdiction of courts to impose such censorship unless there is clear evidence showing that publication would interfere with fair trial rights or endanger public safety, neither of which were demonstrated in this case.