United States v. Harold E. Smith

SNEED, Circuit Judge:

Appellant Harold E. Smith was found guilty of criminal contempt in violation of Fed.R.Crim.P. 42 and 18 U.S.C. § 401 and was sentenced to sixty days imprisonment. He raises four points on appeal: first, that in convicting him the trial court improperly applied a less exacting standard of intent; second, that the application of this less rigid standard deprived him of his First Amendment rights; third, that even under this standard his actions did not constitute criminal contempt; and fourth, that his punishment was excessive. For the reasons set out below we reverse the…