Parties: Wood v. Georgia
Date: 1962-06-25
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Paragraph: 19 - '(f)ree discussion of the problems of society is a cardinal principle of Americanism—a principle which all are zealous to preserve' (id., at 346, 66 S.Ct. at 1037), the Court reaffirmed its belief that the 'essential right of the courts to be free of intimidation and coercion * * * (is) consonant with a recognition that freedom of the press must be allowed in the broadest scope compatible with the supremacy of order.' Id., at 334, 66 S.Ct. at 1031. The Court's last occasion to consider the application of the clear and present danger principle to a case of the type under review was in Craig v. Harney, 331 U.S. 367, 67 S.Ct. 1249, 91 L.Ed. 1546. There the Court held that to warrant a sanction '(t)he fires which (the expression) kindles must constitute an imminent, not merely a likely, threat to the administration of justice. The danger must not be remote or even probable; it must immediately imperil.'
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Paragraph: 32 - Finally,we are told by the respondent that, because the petitioner is sheriff of Bibb County and thereby owes a special duty and responsibility to the court and its judges, his right to freedom of expression must be more severely curtailed than that of an average citizen. Under the circumstances of this case, this argument must be rejected.
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Paragraph: 19 - Subsequently, in Pennekamp v. Florida, 328 U.S. 331, 66 S.Ct. 1029, 90 L.Ed. 1295, after noting that N55* '(f)ree discussion of the problems of society is a cardinal principle of Americanism—a principle which all are zealous to preserve' (id., at 346, 66 S.Ct. at 1037), the Court reaffirmed its belief that the N56* 'essential right of the courts to be free of intimidation and coercion * * * (is) consonant with a recognition that freedom of the press must be allowed in the broadest scope compatible with the supremacy of order.'
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Paragraph: 30 - N111* '* * * to protect parties in the free publication of matters of public concern, to secure their right to a free discussion of public events and public measures, and to enable every citizen at any time to bring the government and any person in authority to the bar of public opinion by any just criticism upon their conduct in the exercise of the authority which the people have conferred upon them.'
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Paragraph: 32 - Finally, we are told by the respondent that, because the petitioner is sheriff of Bibb County and thereby owes a special duty and responsibility to the court and its judges, his right to freedom of expression must be more severely curtailed than that of an average citizen. Under the circumstances of this case, this argument must be rejected.
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Paragraph: 35 - The petitioner was an elected official and had the right to enter the field of political controversy, particularly where his political life was at stake. Cf. In re Sawyer, 360 U.S. 622, 79 S.Ct. 1376, 3 L.Ed.2d 1473. The role that elected officials play in our society makes it all the more imperative that they be allowed freely to express themselves on matters of current public importance.
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Paragraph: 42 - Mr. Justice Holmes wrote: N112* 'When a case is finished courts are subject to the same criticism as other people; but the propriety and necessity of preventing interference with the course of justice by premature statement, argument, or intimidation hardly can be denied.' The right of free speech, strong though it be, is not absolute; when the right to speak conflicts with the right to an impartial judicial proceeding, an accommodation must be made to preserve the essence of both.
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Paragraph: 55 - Surely the Court cannot mean that attempts to influence judicial proceedings are punishable only if they are successful. Speech creating sufficient danger of an evil which the State may prevent may certainly be punished regardless of whether that evil materializes. See Feiner v. New York, 340 U.S. 315, 320—321, 71 S.Ct. 303, 306, 95 L.Ed. 267. Indeed, the test suggested by the court is even more stringent than that which it applies in determining whether a conviction should be set aside because of prejudicial 'outside' statements reaching a trial jury. In such cases, although the question is whether the rights of the accused have been infringed rather than whether there has been a clear and present danger of their infringement, it is necessary only to show a substantial likelihood that the verdict was affected, and it is no answer that each juror expresses his belief that he remains able to be fair and impartial. Irvin v. Dowd, supra, 366 U.S. at 728, 81 S.Ct. at 1645, 6 L.Ed.2d 751; cf. Marshall v. United States, 360 U.S. 310, 312—313, 79 S.Ct. 1171, 1172, 1173, 3 L.Ed.2d 1250; Spano v. New York, 360 U.S. 315, 324, 79 S.Ct. 1202, 1207, 3 L.Ed.2d 1265. The test for punishing attempts to influence a grand or petit jury should be less rather than more stringent.
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Paragraph: 25 - Men are entitled to speak as they please on matters vital to them; errors in judgment or unsubstantiated opinions may be exposed, of course, but not through punishment for contempt for the expression. Under our system of government, counterargument and education are the weapons available to expose these matters, not abridgment of the rights of free speech and assembly. Cf. Mr. Justice Brandeis, concurring in Whitney v. California, 274 U.S. 357, 378, 47 S.Ct. 641, 649, 71 L.Ed. 1095. Hence, in the absence of some other showing of a substantive evil actually designed to impede the course of justice in justification of the exercise of the contempt power to silence the petitioner, his utterances are entitled to be protected.
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Paragraph: 25 - Men are entitled to speak as they please on matters vital to them; errors in judgment or unsubstantiated opinions may be exposed, of course, but not through punishment for contempt for the expression. Under our system of government, counterargument and education are the weapons available to expose these matters, not abridgment of the rights of free speech and assembly. Cf. Mr. Justice Brandeis, concurring in Whitney v. California, 274 U.S. 357, 378, 47 S.Ct. 641, 649, 71 L.Ed. 1095. Hence, in the absence of some other showing of a substantive evil actually designed to impede the course of justice in justification of the exercise of the contempt power to silence the petitioner, his utterances are entitled to be protected.
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