Groppi v. Leslie

Background

A man who led a gathering that occupied the state Assembly floor to protest cuts in welfare spending was cited for contempt. The Wisconsin Assembly adopted a resolution two days later finding he had prevented the Assembly from doing its business and ordered him jailed for up to six months or the session’s duration. He was already confined on related disorderly conduct charges when the resolution was served, but he was given no notice or chance to answer the contempt charge before punishment.

Reasoning

The central question was whether a legislature may punish someone for contempt two days after the event without giving notice or an opportunity to respond. The Court said legislatures can act instantly to punish conduct they personally observe, but where punishment is delayed and the person is available, basic fairness requires notice and a chance to be heard. Because the Assembly gave no notice or opportunity to respond, the Court found a violation of the Fourteenth Amendment’s guarantee of due process and reversed the lower court that had upheld the Assembly’s action.

Real world impact

The decision requires legislatures to provide at least a minimal opportunity to answer before imposing punishment when the contempt was not acted on immediately. It protects people who are available to be served from summary legislative punishment after a delay and preserves the legislature’s immediate-punishment power only when the offender is observed in the chamber and there is no practical way to give notice.