In re the Proceedings Against Hayes

Citations

• 72 Fla. 558
• 73 So. 362
• 1916 Fla. LEXIS 398

Syllabus

<p>1. The 13th Section of the Declaration of Rights of the Constitution of Florida, which provides that “every person may fully speak and write his sentiments on all subjects being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press,” etc. does not secure immunity from punishment to any citizen who falsely and with the purpose to defame, attacks in the newspapers the character of any other citizen, or impugns the integrity, honor and authority of the courts.</p> <p>2. The exercise of the right to “fully speak and write” one’s sentiments on all subjects, a right secured by our constitution, is always subject to the preservation of the governmental authority of the State as conferred by law.</p> <p>3. This court has the inherent power, independent of statutory authority, to punish as for a direct contempt any person who during the pendency of a cause before this court publishes an article referring to such cause which reflects upon the efficiency and integrity of the court.</p> <p>4. Publishers of newspapers have the right, but no higher right than others, to publish the conduct of the courts, but such right is limited by the obligation to observe respect for truth and fairness.</p> <p>5. Under the right of freedom of speech and of the press the public have a right to know and discuss all judicial proceedings, but this does not include the right to attempt, by wanton defamation and groundless charges of unfairness and partisanship, to degrade the tribunal and impair its efficiency.</p>