Contempt of Court

Under English common law, courts had intended the power to punish individuals who showed contempt for their authority on the theory that such contempts were contempts of the king.

In the U.S. system of government, civil contempts of court are directed at individuals who refuse to do something that a court has ordered done for the benefit of another party; complying with the order usually settles the issue at hand. Criminal contempts, which are more likely to raise First Amendment issues, involve trespassing against the dignity of the court itself.

Following are cases involving the First Amendment and contempt of court.

Pennekamp v. Florida (1946)

Pennekamp v. Florida (1946) overturned a contempt citation issued to an
editor of the Miami Herald. The Court found that the contempt citation
violated the First Amendment.

Walker v. City of Birmingham (1967)

In Walker v. City of Birmingham (1967), the Court refused to look at
whether a court order against Birmingham civil rights protestors violated
the First Amendment.

Wood v. Georgia (1962)

Wood v. Georgia (1962) said a Georgia sheriff’s criticism of local judges
did not present a clear and present danger and was protected by the First
Amendment.

Anderson v. Dunn (1821)

Anderson v. Dunn (1821) upheld the right of Congress to cite individuals
for contempt but recognized that contempt citations could suppress First
Amendment freedoms.

Bridges v. California (1941)

Bridges v. California (1941) used the First Amendment to overturn contempt
convictions against a newspaper and an individual who had criticized
judicial proceedings.

Craig v. Harney (1947)

In Craig v. Harney (1947), the Court overturned contempt of court
convictions against three Texas Journalist on grounds of First Amendment
free speech and press.

Craig v. Hecht (1923)

In Craig v. Hecht (1923), the Court upheld a contempt citation issued by a
judge after the New York City comptroller published a letter critical of
his decision.

Gompers v. Buck’s Stove and Range Co. (1911)

In Gompers v. Buck’s Stove and Range Co., the Court rejected the claim that
First Amendment rights protect individuals who violate injunctions against
labor activities.

Patterson v. Colorado (1907)

Patterson v. Colorado (1907), which upheld a contempt citation against a
paper that criticized a state supreme court, has been superseded by new
First Amendment interpretations.

Contempt of Court

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