Free Speech

Case - 331 U.S. 367

Parties: Craig v. Harney

Date: 1947-05-19

Identifiers:

Opinions:

Segment Sets:

Paragraph: 7 - The history of the power to punish for contempt (see Nye v. United States, supra; Bridges v. State of California, supra) and the unequivocal command of the First Amendment serve as constant reminders that freedom of speech and of the press should not be impaired through the exercise of that power, unless there is no doubt that the utterances in question are a serious and imminent threat to the administration of justice.

Notes:

Preferred Terms:

  • (is not) utterances imminently threatening justice

Phrase match: that freedom of speech and of

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1940s/19470519.331.US.367.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 43 - A free press lies at the heart of our democracy and its preservation is essential to the survival of liberty. Any inroad made upon the constitutional protection of a free press tends to undermine the freedom of all men to print and to read the truth.

Notes:

Preferred Terms:

  • (why is) press

Phrase match: the freedom of all men to

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1940s/19470519.331.US.367.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 6 - N27* 'Courts must have power to protect the interests of prisoners and litigants before them from unseemly efforts to pervert judicial action. In the borderline instances where it is difficult to say upon which side the alleged offense falls, we think the specific freedom of public comment should weigh heavily against a possible tendency to influence pending cases. Freedom of discussion should be given the widest range compatible with the essential requirement of the fair and orderly administration of justice.'

Notes:

  • N27* / quote / endorsement / /

Preferred Terms:

  • (is) discussion

Phrase match: specific freedom of public comment should

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1940s/19470519.331.US.367.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 48 - It cannot be repeated too often that the freedom of the press so indispensable to our democratic society presupposes an independent judiciary which will, when occasion demands, protect that freedom. To help achieve such an independent judiciary and to protect its members in their independence, the States of the Union, from the very beginning and throughout our history, have provided for prompt suppression and punishment of interference with the impartial exercise of the judicial process in an active litigation.

Notes:

Preferred Terms:

  • (why is) press

Phrase match: the freedom of the press so

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1940s/19470519.331.US.367.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 66 - The right of the people to have a free press is a vital one, but so is the right to have a calm and fair trial free from outside pressures and influences. Every other right, including the right of a free press itself, may depend on the ability to get a judicial hearing as dispassionate and impartial as the weakness inherent in men will permit. I think this publisher passed beyond the legitimate use of press freedom and infringed the citizen's right to a calm and impartial trial. I do not think we can say that it is beyond the power of the state to exert safeguards against such interference with the course of trial as we have here.

Notes:

Preferred Terms:

  • (reg) press

Phrase match: The right of the people to

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1940s/19470519.331.US.367.xml&keyword1=right of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 66 - The right of the people to have a free press is a vital one, but so is the right to have a calm and fair trial free from outside pressures and influences.

Notes:

Preferred Terms:

  • (why is not) publishing about court cases

Phrase match: the right to have a calm

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1940s/19470519.331.US.367.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 7 - The history of the power to punish for contempt (see Nye v. United States, supra; Bridges v. State of California, supra) and the unequivocal command of the First Amendment serve as constant reminders that freedom of speech and of the press should not be impaired through the exercise of that power, unless there is no doubt that the utterances in question are a serious and imminent threat to the administration of justice.

Notes:

Preferred Terms:

  • (reg) utterances in contempt of court

Phrase match: freedom of speech and of the

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1940s/19470519.331.US.367.xml&keyword1=speech&wordsBefore=2&wordsAfter=3#m1

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