Crosswhite

—Involved in this appeal is the relationship between the First Amendment rights of free speech and free press, and a court’s power to punish as contempt the placing of a newspaper advertisement relating to a pending criminal trial by jury.

The City of Eureka by ordinance had imposed a transient occupancy tax on motels and hotels. The tax was locally known as the “Bed Tax,” and it was the subject of continuing and widespread discussion in the community. The ordinance was about a year old and was passed by the city council only after a heated controversy.

Two individuals, Omicini and Panni, and the “Omieini” corporation were charged in the municipal court with misdemeanor violations of the ordinance. Many news articles appeared in the local papers discussing the impending trial and its background. These stories continued up to and including the day set for the trial.

The trial was set for January 12, 1966. A list of 60 persons had been drawn and summoned as the trial jury panel.

The Humboldt Standard and Humboldt Times were, respectively, evening and morning newspapers published in the City of Eureka. These newspapers had a large circulation in the county and judicial district…