Legal Opinion

Toledo Newspaper Co. v. United States

Supreme Court of the United States

Decided June 10, 1918No. 371PublishedCited by 180 opinions

ERROR AND CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SIXTH CIRCUIT. ■ The case is stated in the opinion. The power of the District Courts to punish summarily for contempt has been limited by Congress (Const., Art. Ill, § 1, Art. I, § 8), by.the Act of March 2, 1831, Rev. Stats., § 725, Jud.

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ERROR AND CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SIXTH CIRCUIT. ■ The case is stated in the opinion. The power of the District Courts to punish summarily for contempt has been limited by Congress (Const., Art. Ill, § 1, Art. I, § 8), by.the Act of March 2, 1831, Rev. Stats., § 725, Jud. Code, § 268, so that it cannot apply to-newspaper comments and criticisms concerning pending cases which do not amount to misbehavior of any person in the presence of such courts or so near thereto as to obstruct the administration of justice. In this case it was neither alleged, proved nor found…

1Opinion of the CourtChief Justice White

This case is before us on error to review the action of the court below affirming a judgment of the trial court holding the. defendants guilty of a summary contempt and imposing a fine upon them both. There is also pending an application for certiorari made upon the assumption that if jurisdiction on error was wanting the case involved questions of such importance as to justify our interposition.

We are of opinion that a motion to dismiss the writ of. error must prevail since it is settled that a conviction for a criminal, although summary, contempt is-for the purposes of our reviewing power a…

2Cases cited8 opinions

  1. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  2. Ex Parte RobinsonSupreme Court of the United States · 1874
  3. Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
  4. Gompers v. United StatesSupreme Court of the United States · 1914
  5. Marshall v. GordonSupreme Court of the United States · 1917

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3Cited by180 opinions

  1. Branzburg v. HayesSupreme Court of the United States · 1972
  2. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  3. Dennis v. United StatesSupreme Court of the United States · 1951
  4. Bloom v. IllinoisSupreme Court of the United States · 1968
  5. Gitlow v. New YorkSupreme Court of the United States · 1925

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