The Appellate Judiciary of Georgia and Contempt Out of Court

Authors

• D. Greir Stephenson, Jr., Research Associate to the Faculty of The National War College, Fort McNair, Washington, D.C.

Publication Date

1968

Abstract

TO state the obvious, contempt of court is a broad topic, and this article is not the place for an exhaustive treatment of the various types of contempt-civil and criminal, direct and indirect. Instead, the focus is on one variety of indirect or constructive contempt: that arising from criticism of a judge, spoken or written outside the courtroom. To limit the subject in such a way precludes discussion of other inter- estng aspects of contempt law, but perhaps the advantages gained from sharp perspective and clear concentration more than offset the disadvantages incurred from a narrowed concern.The law of constructive contempt for criticism out of court involves what the late Justice Frankfurter might have called "a clash of rights." That is, the problem of constructive contempt thrusts to the fore- ground the conflict between the public interests in free expression and in judicial independence3 Does a judge have the authority to fine or imprison for remarks concerning him or his court made outside the courtroom?

Recommended Citation

Stephenson,, D. Greir Jr. (1968) "The Appellate Judiciary of Georgia and Contempt Out of Court," Georgia Law Review: Vol. 2: No. 3, Article 8.
Available at: https://digitalcommons.law.uga.edu/glr/vol2/iss3/8