Storey v. People

Citations

• 79 Ill. 45

Syllabus

<p>1. Contempt of court—power of court to punish. There is now no statute in force in this State, authorizing courts to punish offenders for contempt, except in regard to the enforcement of decrees in chancery, and the punishment of certain specified offenses, such as the failure of jurors to attend in obedience to summons, the failure of officers to make service and return of writs, etc.</p> <p>2. Courts, however, possess certain common law powers, subject to modifications that may have been imposed by the constitution and statutes, among which is included that of punishing for contempt.</p> <p>3. Same—libelous publications, whether punishable. It is not admissible, under our constitution, that a publication, however libelous, not directly calculated to hinder, obstruct or delay courts in the exercise of their proper functions, shall be treated and punished, summarily, as a contempt of court.</p> <p>4. The publication of a libel on a grand jury, or on any member thereof, in relation to any act already done by them in their official capacity, but which has no tendency directly to impede, embarrass or obstruct the grand jury in the discharge of any of its duties remaining to be performed after the publication is made, can not be summarily punished as a contempt of court.</p> <p>5. Constitutional guaranty—of freedom of speech, applies to judicial conduct and character. The constitutional provision, “that every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and justifiable ends, shall be a sufficient defense,” applies to words spoken or published in regard to judicial conduct and character.</p>