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D is President of Local 202 of the Professional Air Traffic Controllers Organization (PATCO), headquartered in Nashua, New Hampshire. A nationwide strike was authorized by PATCO against the Federal Aviation Administration's (FAA) air traffic control activities, which was joined in by Local 202. The District Court issued a temporary restraining order prohibiting certain strike-related activities at the FAA's facilities in Nashua. The injunction limited pickets to 30 with a requirement to stay 40 feet from the entrance and exit gates. D was personally served with a copy of the preliminary injunction order on the day it issued. On September 7, 1981, a crowd of two to three hundred persons gathered at the entrance to the Center, which undisputedly contained more than 30 PATCO members, although less than that number exhibited picket signs at any one time. As working FAA employees appeared on the scene, the crowd responded with various strike-related epithets and interfered with exiting vehicles. On September 19th, a similar incident took place with a crowd numbering about 100 persons, 74 of whom were identified as known PATCO members. On October 4, 1981, D and a group of 20 to 25 PATCO members patrolled back and forth within 5 to 7 feet of the Center's gate. D was warned by a Nashua police officer that such action could lead to his arrest for violation of the injunction. D proceeded to continue to act. D was present for all three incidents and acted as the leader he was. P petitioned the Court to hold D in contempt of the preliminary injunction order for his conduct on October 4. After a hearing, D was found in civil contempt, and a fine of $5,000 was imposed, which was stayed pending disposition of this appeal. D appealed.

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