patterson colorado argued decided april thomas patterson propria persona harry teller charles thomas sterling toney james blood harvey riddell belford john rush richardson hawkins plaintiff error messrs melville horace phelps william dickson samuel huston thompson miller defendant error justice holmes delivered opinion writ error review judgment upon information contempt pac contempt alleged publication certain articles cartoon charged reflected upon motives conduct colorado cases still pending intended embarrass impartial administration justice motion quash grounds local law state constitution also amendment constitution overruled thereupon answer filed admitting publication denying contempt also denying cases referred still pending except time motions rehearing elapsed averring motions rehearing subsequently overruled except certain cases orders amended democratic officeholders concerned sooner turned offices answer went narrate transactions commented length intimating conduct unconstitutional usurping alleging aid scheme fully explained seat various republican candidates including governor state place democrats elected two judges got seats part scheme finally answer alleged respondent published articles pursuance regarded public duty repeated previous objections information averred truth articles set claimed right prove truth constitution upon answer motion ordered judgment fining plaintiff error contempt foregoing proceedings set forth bill exceptions several errors alleged difficulties pressed raise questions local law open examination requirement amendment due process law take special provisions state constitution laws amendment purposes case way subject state decision complied revision french taylor ed sup rawlins georgia ed sup burt smith ed sup reason objection information supported affidavit filed considered see ex parte wall ed sup true contention suits referred article complained pending whether case shall regarded pending possible petition rehearing may filed appellate remittitur issued questions local law settle pleases without interference constitution admitted may true sense true said purpose fixing limits possible contempts plaintiff error confounds argument common law might wise humane hold concerning state constitutional power state see fit provide constitution conduct otherwise amounting contempt punishable occurring time affected retained authority modify judgment amendment forbid question power state virginia rives ex parte virginia ed missouri dockery ed sup argued decisions criticized degree present case contrary previous adjudications allegation regarded giving sort constitutional right plaintiff error true courts always hold bound state decisions cases arising principle limited application cases brought state courts writs error except exceptional cases grounds circuit courts held authorized follow earlier state decision rather later one apply rules commercial law understood rather laid local tribunals grounds constitutional right considerations justice expediency constitutional right general propositions law adopted remain unchanged even true plaintiff error says colorado departed earlier precedents meet exigencies case whatever might thought justice wisdom step constitution infringed unnecessary lay absolute rule beyond possibility exception exceptions held exist general decision upon question law however wrong however contrary previous decisions infraction amendment merely wrong earlier decisions reversed argued articles constitute contempt view answer sets plainly fuller detail articles insinuate suggest view position plaintiff error performing public duty argument favorable interpretation printed words loses force however enough us say far showing innocent conduct laid hold arbitrary pretense arbitrary punishment supposing case give plaintiff error standing anything short state decide constitutes contempt well time may committed matter local law defense upon plaintiff error relies raised allegation articles complained true claim right prove truth claimed right constitutions state latter ground alone comes consideration reasons already stated kemmler ed sup pause consider whether claim sufficient point form although easier refer constitution generally supposed right point clause springs leave undecided question whether found amendment prohibition similar even assume freedom speech freedom press protected abridgments part also still far conclusion plaintiff error us reach first place main purpose constitutional provisions prevent previous restraints upon publications practised governments prevent subsequent punishment may deemed contrary public welfare com blanding pick respublica oswald dall ed preliminary freedom extends well false true subsequent punishment may extend well true false law criminal libel apart statute cases com blanding ubi supra com next place rule applied criminal libels applies yet clearly contempts publication likely reach eyes jury declaring witness pending cause perjurer none less contempt true tend obstruct administration justice even correct conclusion reached helped way system trials maintained theory system conclusions reached case induced evidence argument open outside influence whether private talk public print true reference jury true also reference cases like present likely arise doubt jury publication may affect judgment judges generally perhaps less apprehensive publications impugning reasoning motives interfere administration law regards may publication concerning matter law pending tending toward interference may punish instance put case finished courts subject criticism people propriety necessity preventing interference course justice premature statement argument intimidation hardly denied ex parte terry ed sup telegram newspaper com mass state hart myers state ohio hunt clarke king parke objected judges sitting case grounds upon contempts punished impersonal shipp ed sup doubt judges naturally slower punish contempt carried personal dishonoring charge man expect secure immunity punishment proper tribunal adding illegal conduct personal attack remains add plaintiff error day opportunity heard scrutinized case say shows infraction rights constitution discloses formal appeal instrument answer found jurisdiction writ error dismissed justice harlan dissenting agree writ error dismissed amendment constitution provided shall make law respecting establishment religion abridging freedom speech press right people peaceably assemble petition government redress civil rights cases ed sup adjudged amendment although form prohibitory reflex character established decreed universal civil political freedom throughout cruikshank ed held right people peaceably assemble petition government redress rights recognized protected amendment hostile legislation attribute citizenship amendment although form prohibitory regarded reflex character affirmatively recognizing freedom speech freedom press rights belonging citizens rights deemed attributes national citizenship citizenship one take hesitate say judgment federal prior adoption amendment impairing abridging freedom speech press violation rights guaranteed amendment reason rights free speech free press already said attributes national citizenship amendment made part constitution amendment declares express words state shall make enforce law shall abridge privileges immunities citizens amendment guaranteed rights free speech free press hostile action seem clear amendment prohibited impairing abridging privileges citizens necessarily prohibited impairing abridging constitutional rights citizens free speech free press announces leaves undecided specific question whether found amendment prohibition rights free speech free press similar yet proceeds say main purpose constitutional provisions prevent restraints upon publications practised governments prevent subsequent punishment may deemed contrary public welfare assent view meant legislature may impair abridge rights free press free speech whenever thinks public welfare requires done public welfare override constitutional privileges rights free speech free press essence attributes national citizenship think neither congress state since adoption amendment legislative enactments judicial action impair abridge judgment action violation rights free speech free press guaranteed constitution go hold privileges free speech free press belonging every citizen constitute essential parts every man liberty protected violation clause amendment forbidding state deprive person liberty without due process law think impossible conceive liberty secured constitution hostile action whether nation embrace right enjoy free speech right free press justice brewer dissenting concurring views expressed justice harlan also dissent opinion judgment plaintiff error made distinct claim denied asserted right guaranteed federal constitution claim regarded frivolous one proceedings contempt entirely disassociated general proceedings case contempt charged committed think therefore jurisdiction inquire determine alleged rights plaintiff error however decides jurisdiction dismissed writ error fit express opinion merits case