ring working
hours.[132] But, by a vote of five Justices to four--the five, however,
being unable to agree altogether among themselves--a State may not
require labor organizers to register,[133] although, as Justice Roberts
pointed out for the dissenters, "other paid organizers, whether for
business or for charity could be required thus to identify
themselves."[134]

CONTEMPT OF COURT AND CLEAR AND PRESENT DANGER

One area in which the clear and present danger rule has undoubtedly
enlarged freedom of utterance beyond common law limits is that of
discussion of judicial proceedings. In 1907 the Supreme Court speaking
by Justice Holmes refused to review the conviction of an editor for
contempt of court in publishing articles and cartoons criticizing the
action of the court in a pending case.[135] It took the position that
even if freedom of the press was protected against abridgment by the
State, a publication tending to obstruct the administration of justice
was punishable, irrespective of its truth. In recent years the Court not
only has taken jurisdiction of cases of this order but has scrutinized
the facts with great care and has not hesitated to reverse the action of
State courts. Bridges _v._ California[136] is the leading case.
Enlarging upon the idea that clear and present danger is an appropriate
guide in determining whether comment on pending cases can be punished,
Justice Black said: "We cannot start with the assumption that
publications of the kind here involved actually do threaten to change
the nature of legal trials, and that to preserve judicial impartiality,
it is necessary for judges to have a contempt power by which they can
close all channels of public expression to all matters which touch upon
pending cases. We must therefore turn to the particular utterances here
in question and the circumstances of their publication to determine to
what extent the substantive evil of unfair administration of justice was
a likely consequence, and whether the degree of likelihood was
sufficient to justify summary punishment."[137] Speaking on behalf of
four dissenting members, Justice Frankfurter objected: "A trial is not a
'free trade in ideas,' nor is the best test of truth in a courtroom 'the
power of the thought to get itself accepted in the competition of the
market.' * * * We cannot read into the Fourteenth Amendment the freedom
of speech and of the press protected by the First Amendment and at the
same time