Bridges v. California

In Bridges v. California, 314 U.S. 252, 62 S.Ct. 190, 86 L.Ed. 192 (1941), a newspaper and a labor leader had been convicted of contempt for publishing comments about pending litigation which the trial and appellate courts described as having an "inherent" or "reasonable tendency" to interfere with the fair and orderly administration of justice. The state defended the convictions on the ground that "in so far as these punishments constitute a restriction on liberty of expression, the public interest in that liberty was properly subordinated to the public interest in judicial impartiality and decorum." See 314 U.S. at 259, 62 S.Ct. 190. The Supreme Court unequivocally rejected this argument, holding: "In accordance with what we have said on the 'clear and present danger' cases, neither 'inherent tendency' nor 'reasonable tendency' is enough to justify a restriction of free expression." 314 U.S. at 273, 62 S.Ct. at 198. Bridges also disposes of the contention pressed by appellees' counsel that a standard less rigorous than the clear and present danger test is permissible for temporary restrictions on speech that are limited to the pendency of the trial. Responding to a similar argument, the Court pointed out that the restrictions on speech pending a trial operated when public interest was high. These "moratoria on public discussion," the Court held, cannot "be dismissed as an insignificant abridgment of freedom of expression." 314 U.S. at 269, 62 S.Ct. at 197. In Bridges v. California, 314 U.S. 252, 62 S.Ct. 190, 86 L.Ed. 192 (1941), where the Court held that the "inherent tendency" of a highly critical out-of-court publication to cause disrespect for the judiciary or to interfere with the orderly administration of justice in a pending case was insufficient to establish punishable contempt, id. at 270-73, 62 S.Ct. at 197-98, Justice Black observed that: An enforced silence, however limited, solely in the name of preserving the dignity of the bench, would probably engender resentment, suspicion, and contempt much more than it would enhance respect. Id. at 270-71, 62 S.Ct. at 197-98.