Wood v. Georgia (1962)

Wood v. Georgia, 370 U.S. 375 (1962), was a case in which the Supreme Court of the United States held that strongly-worded criticism of an ongoing grand jury investigation does not constitute a clear and present danger.

Wood v. Georgia
Supreme Court of the United States
Argued March 29, 1962 Decided June 25, 1962
Full case name	James I. Wood v. Georgia
Citations	370 U.S. 375 (more)
Holding
Passionate criticism of a general grand jury investigation does not constitute an imminent threat to obstruct justice
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Tom C. Clark John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White
Case opinions
Majority	Warren, joined by Black, Douglas, Brennan, Stewart
Dissent	Harlan, joined by Clark
Frankfurter and White took no part in the consideration or decision of the case.

Background

During an election campaign, a Superior Court judge in Bibb County, Georgia announced to the news media that a grand jury assembled to investigate alleged bloc voting by black residents. The judge also alleged that candidates engaged in corruption by promising large sums of money to black voters.

In response, Sheriff James Woods condemned the investigation as a way to spark racial tensions and to intimidate black voters. Shortly after, Woods was convicted of contempt on the basis that his statements constituted a "clear, present and imminent danger" to the enforcement of the law.

Decision

In a 5-2 decision, Chief Justice Earl Warren delivered the Court's opinion that Woods' arrest clearly violated the First Amendment. The Court argued that justice was not obstructed because the investigation focused on a general issue without specific indictments, and that his criticism was not entirely unsubstantiated.

Dissent

Justice Harlan, joined by Justice Clark, dissented. Harlan argued that Woods intended to influence an open investigation. Therefore, his contempt conviction should have been upheld.

External links

• Text of Wood v. Georgia, 370 U.S. 375 (1962) is available from: Findlaw  Justia  Library of Congress  Oyez (oral argument audio)