GESELL, District Judge.
On May 6, 1969, this Court issued a Temporary Restraining Order in favor of The Howard University when that institution sought to enjoin acts of student protesters and others which had disrupted the campus with some attendant violence and forced the University to discontinue much of its educational program. Two days later Howard University presented evidence to the Court that the campus turmoil was continuing and that large groups of students and others continued to occupy the buildings and engage in other conduct that violated the Temporary Restraining Order to the damage of the University's property and program. The Court on this proper showing issued orders of arrest and in the early morning hours of May 9 a group of 20 persons, including students and non-students, were arrested by the United States Marshals and later that day arraigned and released under various bond restrictions pending trial. At arraignment those arrested were charged with criminal contempt under 18 U.S.C. § 402.
The United States Attorney undertook the prosecution of these criminal cases which, under the Code, require a jury trial. Full pretrials and other preliminary proceedings were held on June 5 and 6. Trials of various groups of defendants were promptly scheduled for June 10, 11, 12, 13, 19 and 27. On June 10, five defendants involved in the matter were called for trial; two defendants pled guilty and the remaining three defendants proceeded to trial before a jury.
On the evening of the first day of trial there appeared in The Evening Star a full-page paid advertisement of uncertain origin entitled "Campus Unrest at Howard: Demands and Responses", which reviewed in a one-sided fashion events up to the time of trial in more or less chronological order. The advertisement carried a facsimile of The Howard University seal but was not signed. The next morning, June 11, while the trial was still in progress, an identical full-page advertisement appeared in The Washington Post. These advertisements spoke of damage and vandalism, including arson; they accused the students of responsibility for these conditions and injuries to police, marshals and others. The advertisements made reference to the students' disobedience of the Court Order and pictured the faculty as tolerant, understanding, restrained and working constantly toward betterment of the conditions on campus which the students were said to have criticized.
These advertisements brought an immediate reaction from defense counsel in the contempt cases. A mistrial was sought for the case on trial but this was not granted when it appeared, after a special voir dire of each individual member of the jury, that the jury had scrupulously observed the Court's previous admonitions against contact with publicity and no member of the jury had seen the advertisement in either newspaper.
On June 11 and 12, counsel for the other defendants still awaiting trial moved the Court to cite Howard University for contempt and to dismiss the pending actions on the ground that prejudicial publicity precluded a fair and speedy trial. These motions were immediately set for hearing on the afternoon of June 12 and counsel for Howard University, together with University officials, were brought before the Court for questioning.
Rule 100(3) of this Court, issued on April 21, 1969, is concerned with Free Press-Fair Trial and provides in pertinent part as follows:
(3) No attorney who has undertaken the representation of a defendant nor the prosecutor in a criminal case, whether that case is in progress or imminent, shall release or authorize the release of information not in the public record for dissemination by any means of public communication which is likely to interfere with a fair trial or otherwise prejudice the due administration of justice. * * *