Hugo Black

“ I wholly reject the idea that the presence of any power so awesome and arbitrary as 'criminal contempt' has grown to be, as nourished by courts, is essential to preserve the independence of the judiciary and I am constrained to say that such a plea of necessity has a strange sound when voiced by our independent judiciary dedicated to fair trials in accordance with ancient safeguards. ”

“ The grand jury then preferred charges against him to the court. To say that grand jury secrecy extends into the courtroom is wholly to ignore the difference between secrecy of grand jury deliberations and votes, and secrecy of a trial for contempt. Not only are the grand jury deliberations supposed to be free from the intrusions of others, but the idea of a grand jury is one of an independent body, which even the judge shall not be allowed to interfere with or control. ”

“ In my judgment it is scant respect for the constitutional command that trials be had in public to look at the circumstances of the trial and conviction of a man tried in secret and approve the trial on the ground that 'anyhow he wasn't hurt.' I think every man is hurt when any defendant in America is convicted and sent to the penitentiary after a secret 'trial' which is condemned by the Constitution's requirement of public trials as well as its command that all trials be conducted according to due process of law. ”