Patterson v. Colorado (1907): This is the only pre-WWI case that we read. D was the editor and publisher of a number of Colorado newspapers. Colorado had adopted an amendment to the state constitution changing political processes, pursuant to which Democrats were elected in Denver. But the Colorado state supreme court ruled the amendments invalid, in effect restoring the political mechanism as it had been prior to the amendments. D’s newspapers published a series of articles and cartoons, condemning the supreme court decision and alleged that the judges invalidated the amendments because they favored corporate interests and the Republican Party. Because of these articles and cartoons, D was convicted of contempt of common law criminal contempt because his embarrassing the supreme court “obstructed the administration of justice” (judges could not fairly decide cases before the supreme court). The main issue: Does the First Am. protect the articles and cartoons that D was convicted for publishing?
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