Note 135 — AMENDMENT 1

Patterson v. Colorado, 205 U.S. 454 (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).