Contempt by publication in nineteenth century America

The American legal system and the American press had a complex relationship during the Nineteenth Century. Perhaps nothing complicated that relationship more than the concept of contempt by publication, which allowed judges to fine and jail publishers and editors whose publications questioned a court's authority or integrity.; The concept placed two of America's most valued ideals---a free press and an independent judiciary---squarely at odds. How else could the judicial system protect its integrity when unruly publishers flagrantly abused the judicial system? How could the press truly be free if a judge had the power to fine and jail publishers at will?; Contempt by publication received considerable review in state (and a few federal) courts throughout the Nineteenth Century. Even though dozens of decisions established competing standards regarding a journalist's ability to report and comment on judicial proceedings, the number of cases suggests that this friction between the judiciary's perceived inherent power and the concept of press freedom was important enough to journalists and judges to warrant significant examination.; The conflict between the courts, which reserved the right to punish for contempt any publication deemed disrespectful or prejudicial, and the concept of freedom of the press, which promised anyone the right to publish without fear of government reprisals, represented an important struggle in America's development of a legal tradition for journalism. Nineteenth Century contempt by publication litigation helped set the tone for the continued evolution of America's press freedoms. The vestiges of those efforts can still be seen today in the freedom that modern journalists have to report about, comment upon, and even criticize court systems and the people who administer them.