1907). _Cf._ Toledo
Newspaper Co. _v._ United States, 247 U.S. 402 (1918) in which the Court
affirmed a judgment imposing a fine for contempt of court on an editor
who had criticized the action of a federal judge in a pending case. The
majority held that such conviction did not violate the First Amendment.
Justices Holmes and Brandeis dissented on the ground that the
proceedings did not come within the applicable federal statute, but did
not discuss the constitutional issue. This decision was overruled in Nye
_v._ United States, 313 U.S. 33 (1941).

[136] 314 U.S. 252 (1941).

[137] Ibid. 271.

[138] Ibid. 283, 284.

[139] 328 U.S. 331 (1946).

[140] Ibid. 350.

[141] Ibid. 349.

[142] 331 U.S. 367 (1947).

[143] Ibid. 376.

[144] Davis _v._ Massachusetts, 107 U.S. 43 (1897).

[145] Ibid. 47.

[146] 307 U.S. 496, 515, 516 (1939).

[147] 334 U.S. 558 (1948).

[148] Kovacs _v._ Cooper, 336 U.S. 77 (1949).

[149] Public Utilities Commission _v._ Pollak, 343 U.S. 451 (1952). The
decision overruled the United States Court of Appeals for the District
of Columbia. Here Judge Edgerton, speaking for himself and two
associates, said: "Exploitation of this audience through assault on the
unavertible sense of hearing is a new phenomenon. It raises 'issues that
were not implied in the means of communication known or contemplated by
Franklin and Jefferson and Madison.' But the Bill of Rights, as
appellants say in their brief, can keep up with anything an advertising
man or an electronics engineer can think of. * * *

"If Transit obliged its passengers to read what it liked or get off the
car, invasion of their freedom would be obvious. Transit obliges them to
hear what it likes or get off the car. Freedom of attention, which
forced listening destroys, is a part of liberty essential to individuals
and to society. The Supreme Court has said that the constitutional
guarantee of liberty 'embraces not only the right of a person to be free
from physical restraint, but the right to be free in the enjoyment of
all his faculties * * *.' One who is subjected to forced listening is
not free in the enjoyment of all his faculties." He quoted with approval
Justice Reed's statement in Kovacs _v._ Cooper, "The right of free
speech is guaranteed every citizen that he may reach the minds of
willing listeners."--191 F. 2d 450, 456 (1951).

[150] Lovell _v._ Griffin, 303 U.S. 444 (1938); Schneider _v._ State,
308 U.S. 147 (1939);