Criminal Contempt of Court - Due Process of Law and Freedom of Speech
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CRIMINAL CONTEMPT OF COURT-
DUE PROCESS OF LAW AND FREEDOM OF SPEECH
Throughout the modern history of the common law there has developed
a peculiar offense known as criminal contempt of court,' by which a man
may be imprisoned or fined for any of a variety of acts which impinges on
the dignity or the authority of a court or interferes with the administration
of justice.:2 This offense is unique in that the procedure for its punishment is
ordinarily devoid of many of the safeguards attendant upon an ordinary
criminal prosecution. Because of the absence of these safeguards, prosecu-
tions for this offense have constantly raised two important constitutional
questions: (1) Does this procedure deprive the contemnor of liberty or
property without due process of law? (2) Does this offense violate the
constitutional guaranties of freedom of speech and press?
A recent decision by the Wyoming Supreme Court, Application of
Stone,3 serves to point up these two problems. Defendant was denied
admission to the Wyoming State Bar on the recommendation of the
State Board of Law Examiners. During the pendency of his application
before the court, defendant began attacking the Wyoming Supreme Court,
inferior court judges, the State Board of Law Examiners, and certain
Wyoming lawyers by means of his pleadings, letters filed with the Supreme
Court, newspaper advertisements, and letters sent to the Attorney General
of the United States and various national news media. The attacks con-
tinued after the disposition of defendant's application, and even after
defendant was charged with contempt of court. The Wyoming Supreme
Court, the same court to which he had addressed his pleadings and letters,
found him guilty of direct contempt, sentenced him to prison for six
months and also fined him $1000. The questions immediately arise, was
defendant denied a fair and impartial trial and did punishment for his
utterances violate his right of free speech?
1 This comment is in no way designed to attempt to distinguish between civil and
criminal contempt of court, a herculean task at best, nor to discuss the growing
field of contempt of a legislature or an administrative agency. It is desired
to limit this discussion to a few recurring problems in the field of criminal con-
tempt of court.
2 See 17 C.J.S., Contempt §§ 1-8 (1939).
3 Application of Stone, 305 P.2d 777, cert. denied, 352 U.S. 1026, rehearing denied,
353 U.S. 943 (1957).
4 Application of Stone, 74 Wyo. 389, 288 P.2d 767 (1955), cert. denied, 352 U.S.
815 (1957).
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Criminal Contempt of Court - Due Process of Law and Freedom of Speech
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