Contempt of court

Contempt of court is conduct that obstructs justice or disobeys a court’s authority and may be punished under legal rules. Its forms and procedures vary by jurisdiction.

Direct contempt: Contemptuous conduct committed in a court’s presence, which the judge can observe directly. This form permits especially immediate responses because the judge witnesses the conduct.
Show-cause order: A court order requiring a person to explain why specified action should not be taken against them. It can initiate proceedings over alleged indirect contempt.
Disobedience of court order: Failure to comply with a directive issued by a court. Disobedience may support contempt, but not every breach automatically establishes it.
Bridges v. California: A 1941 U.S. Supreme Court case limiting contempt convictions based on publications criticizing pending cases. The Court required a clear and present danger to the administration of justice.
Freedom of speech: The right to express ideas without undue government restriction, subject to legally recognized limits. Punishing criticism of courts can collide with constitutional speech protections.
Indirect contempt: Contemptuous conduct occurring outside the court’s presence, typically established through evidence and notice. This form generally requires a separate process to establish what happened.
Burden of proof: The legal standard governing how strongly a claim must be established in a proceeding. The applicable standard depends on whether contempt is treated as civil or criminal.
Perjury: The intentional making of a materially false statement under oath. Perjury is a separate offense, even when false testimony also disrupts a proceeding.
Pennekamp v. Florida: A 1946 U.S. Supreme Court case reversing contempt convictions over newspaper criticism of courts. It further protected criticism unless it posed a sufficiently serious threat to judicial proceedings.
Freedom of the press: The right to publish and disseminate information without undue government interference. Contempt rules can affect reporting on pending cases and judicial conduct.

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