State v. Gibson

liPLOTKIN, J.,

Concurring.

There is no question that the statements made by Mr. Woods were contemptuous in the ordinary sense of the word and that his action was unprofessional and unethical. I write separately because I believe the majority needlessly decides that Mr. Woods’s action does not amount to constructive contempt before ruling that his statements are protected by the First Amendment.

Louisiana Code of Criminal Procedure article 23 defines constructive contempt as “any contempt other than a direct one.” Article 23 provides an illustrative list following this definition and indicates…