This proceeding brings here for review a judgment of the Supreme Court of Florida, 22 So.2d 875, which affirmed a judgment of guilt in contempt of the Circuit Court of Dade County, Florida, on a citation of petitioners by that Circuit Court.
The individual petitioner was the associate editor of the Miami Herald, a newspaper of general circulation, published in Dade County, Florida, and within the jurisdiction of the trial court. The corporate petitioner was the publisher of the Miami H rald. Together petitioners were responsible for the publication of two editorials charged by the citation to be contemptuous of the Circuit Court and its judges in that they were unlawfully critical of the administration of criminal justice in certain cases then pending before the Court.
Certiorari was granted, 66 S.Ct. 146, to review petitioners' contention that the editorials did not present 'a clear and present danger of high imminence to the administration of justice by the court's or judges who were criticized and therefore the judgment of contempt was invalid as violative of the petitioners' right of free expression in the press. The importance of the issue in the administration of justice at this time in view of this Court's decision in Bridges v. California, 314 U.S. 252, 62 S.Ct. 190, 86 L.Ed. 192, 159 A.L.R. 1346, three years prior to this judgment in contempt, is apparent.
Bridges v. California fixed reasonably well marked limits around the power of courts to punish newspapers and others for comments upon or criticism of pending litigation. The case placed orderly operation of courts as the primary and dominant requirement in the administration of justice. 314 U.S. at pages 263, 265, 266, 62 S.Ct. at pages 194, 195, 86 L.Ed. 192, 159 A.L.R. 1346. This essential right of the courts to be free of intimidation and coercison was held to be consonant with a recognition that freedom of the press must be allowed in the broadest scope compatible with the supremacy of order. A theoretical determinant of the limit for open discussion was adopted from experience with other adjustments of the conflict between freedom of expression and maintenance of order. This was the clear and present danger rule. The evil consequence of comment must be 'extremely serious and the degree of imminence extremely high before utterances can be punished.' 314 U.S. at page 263, 62 S.Ct. at page 194, 86 L.Ed. 192, 159 A.L.R. 1346. It was, of course, recognized that this formula, as would any other, inevitably had the vice of uncertainty, 314 U.S. at page 261, 62 S.Ct. at page 193, 86 L.Ed. 192, 159 A.L.R. 1346, but it was expected that from a decent self-restraint on the part of the press and from the formula's repeated application by the courts standards of permissible comment would emerge which would guarantee the courts against interference and allow fair play to the good influences of open discussion. As a step toward the marking of the line, we held that the publications there involved were within the permissible limits of free discussion.
In the Bridges case the clear and present danger rule was applied to the stated issue of whether the expressions there under consideration prevented 'fair judicial trials free from coercion or intimidation.' 314 U.S. at page 259, 62 S.Ct. at page 192, 86 L.Ed. 192, 159 A.L.R. 1346. There was, of course, no question as to the power to punish for disturbances and disorder in the court room. 314 U.S. at page 266, 62 S.Ct. at page 195, 86 L.Ed. 192, 159 A.L.R. 1346. The danger to be guarded against is the 'substantive evil' sought to be prevented. 314 U.S. at pages 261, 262, 263, 62 S.Ct. at pages 193, 194, 86 L.Ed. 192, 159 A.L.R. 1346. In the Bridges case that 'substantive evil' was primarily the 'disorderly and unfair administration of justice.' 314 U.S. at pages 270, 271, 278, 62 S.Ct. at pages 197, 201, 86 L.Ed. 192, 159 A.L.R. 1346.