thomas collins argued october decided january rehearing denied see appeal texas lee pressman washington ernest goodman detroit appellant fagan dickson austin appellee alvin rockwell washington amicus curiae special leave justice rutledge delivered opinion appeal decision texas denied appellant petition writ habeas corpus remanded custody appellee sheriff travis county tex deciding upheld constitutional objections appellant commitment contempt violating temporary restraining order issued district travis county order issued ex parte terms restrained appellant texas soliciting members memberships specified labor unions others affiliated congress industrial organizations without first obtaining organizer card required house bill general special laws texas regular session legislature vernon art order served appellant addressed mass meeting workers end speech asked persons present join union held contempt fined sentenced short imprisonment case twice argued time appellant insisted state courts statute applied contravention fourteenth amendment incorporates first imposing previous restraint upon rights freedom speech free assembly denying equal protection laws urges also application made statute inconsistent provisions national labor relations act stat et objections need considered reasons stated think statute applied case imposed previous restraint upon appellant rights free speech free assembly judgment must reversed pertinent statutory provisions sections part texas comprehensive scheme regulating labor unions activities set forth margin facts substantially undisputed appellant thomas president international union automobile aircraft agricultural implements workers vice president duties manifold addition executive functions include giving aid direction organizing campaigns statement soliciting members generally particular instances organizations affiliated unions receives fixed annual salary president resides detroit travels widely nation performing work oil workers industrial union affiliate parent organization many local unions texas principal office fort worth one local offices harris county membership consisting largely employees humble oil refining company plant bay town texas far houston prior september engaged campaign organize employees plant local order previously made national labor relations board holding election part campaign mass meeting arranged evening september auspices city hall pelly harris county near bay town plant wide publicity given meeting beforehand arrangements made thomas come texas address wide notice given announced intention thomas arrived houston evening september testified without contradiction object coming houston address meeting intend remain afterward return rail reservations leaving state within two days afternoon thursday september six hours scheduled speak thomas served restraining order copy fiat issued ex parte district travis county sits austin state capital located miles houston afternoon september proceeding instituted pursuant section state attorney general petition order shows face filed anticipation thomas scheduled speech terms order show issued anticipation meeting speech upon receiving service thomas consulted attorneys determined go ahead meeting planned regarded law citation restraint upon free speech free assembly far prevented making speech asking someone join union without license organizer card time accordingly thomas went meeting arriving speakers including massengale crossland union representatives addressed audience persons meeting orderly peaceful thomas view unusual circumstances prepared manuscript originally intended according statement embody entire address read manuscript audience discussed among things state effort thomas conceived interfere right speak closed general invitation persons present members labor union join local thereby support labor movement throughout country written speech address invitation specific individual name otherwise thomas testified added conclusion written speech oral solicitation one pat nonunion man audience previously never seen meeting thomas two union speakers arrested taken justice peace complaints filed criminal proceedings presumably pursuant section thomas released bond returned hotel next morning left dallas learned attachment arrest issued austin travis county district pursuant attorney general motion filed morning contempt proceedings violation temporary restraining order evening september thomas went austin hearing upon temporary injunction set morning time appeared moved dismissal complaint dissolution temporary restraining order quash contempt proceeding motions denied hearing ordered temporary injunction issue also rendered judgment holding thomas contempt lating restraining order fixed penalty three days jail fine process commitment thereupon issued executed application writ habeas corpus made granted cause set hearing october thomas released bond september thereafter amended application habeas corpus filed hearing cause judgment rendered sustaining commitment motion rehearing overruled present appeal perfected argument followed close last term reargument beginning present one consider questions upon desired discussion ii texas deeming habeas corpus appropriate method challenging validity statute sustained act valid exercise state police power taken protection general welfare public particularly laboring class tex special reference safeguarding laborers imposture approached alleged organizer provision said right one engage business paid organizer mere right individual express views merits union declared act require paid organizer secure license makes mandatory issuance card come within provisions act upon compliance therewith accordingly held regulation unreasonable conceded however act certain extent right organizer speak paid representative union nevertheless said interferences necessarily prohibited constitution state police power may enact laws interfere indirectly limited extent right speech liberty people reasonably necessary protection general public accordingly likened instant prohibition various ones imposed state federal legislation upon right one operate speak agent another including securities salesmen insurance agents real estate brokers etc various decisions thought support conclusion act previous general restraint upon right free speech merely requires paid organizers register secretary state beginning operate iii appellant first urges application statute amounted requirement license simple act delivering address group workers says act penalized simply solely act addressing workers benefits unionism concluding address plea audience generally named worker audience join union points parade streets solicit receive funds engaged disturbance breach peace sole purpose going texas sole activity make address including invitations extended end evidence solicited memberships members union time occasion intended position necessarily maintains right make speech includes right ask members audience generally name join union appellant also urges broadly statute invalid restraint upon free expression penalizing mere asking worker join union without procured card whether asking takes place public assembly privately texas hand asserts issue free speech free assembly presented state says statute directed business practices like selling insurance dealing securities acting commission merchant pawnbroking adopted recognition fact something done labor organizer talking alternatively state says section valid framed include voluntary unpaid organizers element business involved union activity statute registration statute nothing confers discretionary powers upon secretary state requirement accordingly regarded one merely previous identification valid within rule city manchester leiby dictum cantwell connecticut accordance different conceptions nature issues parties apply different standards determining appellant relies rule requires showing clear present danger sustain restriction upon free speech free assembly texas consistently practice theory says appropriate standard applied commerce clause sustain applications state statutes regulating transportation made hendrick maryland clark paul gray state california thompson short state apply basis test appellant one requiring showing present danger finally case presented texas apparently rest validity judgment exclusively upon specific individual solicitation throw account general invitation made time nonunion workers audience however case disposed basis texas made distinction general specific invitations district record shows restraining order issued explicit anticipation speech restrain thomas uttering course language taken solicitation motion fiat contempt filed fiat sued account invitations order adjudging thomas contempt general terms finding violated restraining order without distinction solicitations set forth petition proved violations sentence single penalty state record must taken order followed prayer motion fiat recital penalty imposed account invitations judgment therefore must affirmed neither cf williams north carolina stromberg california follows statute applied restrained punished thomas uttering course address general well specific invitation iv case confronts us duty system places say individual freedom ends state power begins choice border always delicate perhaps usual presumption supporting legislation balanced preferred place given scheme great indispensable democratic freedoms secured first amendment cf schneider state new jersey cantwell connecticut prince massachusetts priority gives liberties sanctity sanction permitting dubious intrusions character right limitation determines standard governs choice compare carolene products reasons attempt restrict liberties must justified clear public interest threatened doubtfully remotely clear present danger rational connection remedy provided evil curbed contexts might support legislation attack due process grounds suffice rights rest firmer foundation accordingly whatever occasion restrain orderly discussion persuasion appropriate time place must clear support public danger actual impending gravest abuses endangering paramount interests give occasion permissible limitation therefore tradition allow widest room discussion narrowest range restriction particularly right exercised conjunction peaceable assembly accident coincidence rights freedom speech press coupled single guaranty rights people peaceably assemble petition redress grievances though identical inseparable cognate rights cf de jonge oregon therefore first article assurance cf annals congress conjunction liberties peculiar religious activity institutions alone first amendment gives freedom mind security freedom conscience cf pierce society sisters meyer nebraska prince massachusetts great secular causes small ones guarded grievances redress right petition insured right assembly solely religious political ones rights free speech free press confined field human interest idea sound therefore first amendment safeguards wholly inapplicable business economic activity resolve line shall drawn particular case merely urge texas organization rights free speech free assembly claimed one business activities individual leads exercising rights receives compensation hand answer given whether done exercise rights restriction forbidden impairment ignoring organization economic function interests workingmen involved general liberties citizen appellant comparisons simple general inaccurate determinative line shall placed particular application rests generalities concrete clash particular interests community relative evaluation one affected specific restriction absence judgment first instance legislative body system line constitutionally placed presents question escape answering independently whatever legislative judgment light constitutional tradition schneider state new jersey answer tradition affirmative support intrusion upon domain grave impending public danger requires state power regulate labor unions view protecting public interest texas said hardly doubted claim special immunity regulation regulation however whether aimed fraud abuses must trespass upon domain set apart free speech free assembly recognized circumstances times dissemination information concerning facts labor dispute must regarded within area free discussion guaranteed constitution free discussion concerning conditions industry causes labor disputes appears us indispensable effective intelligent use processes popular government shape destiny modern industrial society thornhill alabama senn tile layers protective union right thus discuss inform people concerning advantages disadvantages unions joining protected part free speech part free assembly hague committee industrial organization texas disposition cause give sufficient weight consideration particularly failure take account blanketing effect prohibition present application upon public discussion also bearing clear present danger test circumstances applying principles facts case put aside broader contentions parties made confine decision narrow question whether application made section case contravenes first amendment present application involve solicitation funds property neither section restraining order purports prohibit regulate solicitation funds receipt money management distribution financial matter sections act deal things record thomas neither asked accepted funds property union time address texas neither applications membership though offered necessary ask anyone join union time occasion pelly mass meeting course address thomas went texas one purpose one make speech question whole object publicly proclaim advantages workers organization persuade workmen join local part campaign members also sole objects meeting campaign meeting incidents impending election collective bargaining agent previously ordered national authority pursuant guaranties national law guaranties include workers right organize freely collective bargaining comprehends whatever may appropriate lawful accomplish maintain organization included case right designate local union agency employees representative included right fully freely discuss informed concerning choice privately public assembly necessarily correlative right union members officials whether residents nonresidents texas latter whether single occasion sojourning longer discuss inform employees concerning matters involved choice rights assembly discussion protected first amendment whatever restrict without sufficient occasion infringe safeguards occasion clearly protected speech essential part occasion unless meaning purpose taken invitations general particular parts speech inseparable incidents occasion said done restriction upon thomas right speak rights workers hear say doubt threat restraining order backed power contempt arrest crime hung every word speaker circumstances avoid words impossible avoid idea statute requires specific formula contended use word violate prohibition without limitation statute forbids language conveys reasonably found convey meaning invitation thomas chose meet issue squarely hide ambiguous phrasing counteract fact general words create different often particular impressions different minds speaker however careful convey exactly meaning meaning different members audience one might unionism state state concede thomas free yet circumstances imply invitation hard conceive nub case state fails meet workingmen lack capacity making rational connections understand president vice president addressing organization meeting urging merely philosophic attachment abstract principles unionism disconnected business immediately hand feat incredible national leader addressing meeting lauding unions principles urging adherence union philosophy also thereby suggest attachment union becoming member furthermore whether words intended designed fall short invitation miss mark question intent effect speaker circumstances safely assume anything might say upon general subject understood invitation short supposedly distinction discussion laudation general advocacy solicitation puts speaker circumstances wholly mercy varied understanding hearers consequently whatever inference may drawn intent meaning distinction offers security free discussion conditions blankets uncertainty whatever may said compels speaker hedge trim must take care every word create impression means advocating unionism central principle namely workingmen unite collective bargaining urge present vice merely invitation circumstances shown speech also prohibition forbids restrains discussion may invitation sharp line drawn surely securely effort observe free speech free press free assembly sense free advocacy principle cause restriction effect applied practical sense prohibit thomas solicit members memberships also speak advocacy cause trade unionism texas without first procured card thomas knew faced alternatives presented served order three choices stand right speak freely quit refusing entirely speak trim even thus risk penalty chose first alternative think within rights assembly entirely peaceable wholly lawful purpose statements forbidden unlawful tendency incite unlawful action involved element clear present grave immediate danger public welfare moreover state shown justification placing restrictions use word nothing comparable case use word crowded theater creates clear present danger state may undertake avoid may protect schenck say setting dangerous word far free speech alone concerned ban restriction burden placed use word except showing exceptional circumstances public safety morality health involved substantial interest community stake therefore use word language equivalent meaning illegal statute order forbade particular speaker utter legislation application confine labor leaders occasions innocuous abstract discussion virtues trade unions becloud even doubt uncertainty risk penalty freedom speech end restriction destructive right public discussion without greater imminent danger public interest existed case incompatible freedoms secured first amendment mean say many circumstances difference urging course action merely giving acquiring information hand history without periods search knowledge alone banned may assume men wrote bill rights aware protection sought solely persons intellectual pursuits extends abstract discussion unrelated action first amendment charter government institution learning trade ideas means free trade opportunity persuade action merely describe facts cf abrams gitlow new york dissenting opinions justice holmes indeed whole history problem shows end preventing action repression primarily directed preserving right urge protections given accordingly decision recognized employers attempts persuade action respect joining joining unions within first amendment guaranty national labor relations board virginia electric power decisions courts done likewise persuasion things added bring coercion give character limit right passed cf national labor relations board virginia electric power supra short limit employer freedom impaired constitution protects less employees converse right course espousal cause labor entitled higher constitutional protection espousal lawful cause entitled protection vi apart practice theory state contends section inconsistent freedom speech assembly since merely previous identification requirement according state decision gives secretary state discretionary authority far state require previous identification one undertakes exercise rights secured first amendment largely undetermined arisen chiefly though tangentally connection license requirements involving solicitation funds cantwell connecticut supra cf schneider state largent texas activities upon public streets public places cf lovell griffin hague committee industrial organization canvassing cf schneider state supra cases however license requirements mere identification previous registration held invalid vested discretion issuing authorities censor activity involved nevertheless indicated dictum cantwell connecticut statute going merely require previous identification sustained respect activities mentioned although activities involved case dictum decision people state new york ex rel bryant zimmerman furnish perhaps instances pronouncement decision nearest phase question presented matter principle requirement registration order make public speech seem generally incompatible exercise rights free speech free assembly lawful public assemblies involving element grave immediate danger interest state entitled protect instruments harm require previous identification speakers right either workmen unions conditions assemble discuss affairs fully protected constitution right businessmen farmers educators political party members others assemble discuss affairs enlist support others think controlling principle stated de jonge oregon case held federal constitution peaceable assembly lawful discussion made crime assist conduct meetings branded criminals score question rights free speech peaceable assembly preserved auspices meeting held purpose relations speakers whether utterances transcend bounds freedom speech constitution protects persons assembling committed crimes elsewhere formed engaged conspiracy public peace order may prosecuted conspiracy violation valid laws different matter state instead prosecuting offenses seizes upon mere participation peaceable assembly lawful public discussion basis criminal charge exercise rights free speech free assembly made crime think accomplished device requiring previous registration condition exercising making condition foundation restraining advance exercise imposing penalty violating restraining order long involved exercise rights free speech free assembly immune restriction one solicits support cause labor may required register condition exercise right make public speech may seeks rally support social business religious political cause think requirement one must register undertakes make public speech enlist support lawful movement quite incompatible requirements first amendment speaker goes however engages conduct amounts right free discussion comprehends undertakes collection funds securing subscriptions enters realm reasonable registration identification requirement may imposed context solicitation quite different solicitation involved free speech plus conduct akin activities present said state might regulate schneider state supra cantwell connecticut supra however must done restriction applied manner intrude upon rights free speech free assembly case separation maintained thomas soliciting pat subject restriction express opinion act intertwined speech general invitation penalty imposed violating restraining order since penalty must taken rested much speech general invitation specific one former clearly immune judgment stand think requirement registration present circumstances invalid restriction occasion consider whether restraint imposed goes beyond merely requiring previous identification registration undertake determine validity section application made upon facts case neither ground decision upon contentions advanced briefs argument upon reargument attention given particularly questions whether extent prohibitions section application case consistent provisions national labor relations act parties government appeared amicus curiae advanced contentions issue independent put forward upon question constitutionality since majority agree section present application conflicts national labor relations act decision rests exclusively upon grounds stated finding statute applied contravenes constitution restraint small considered restrained right national right federally guaranteed modicum freedom thought speech assembly citizens republic may exercise throughout length breadth state together nation prohibit restrain impede restraint smaller petty tyrannies large ones take root grow fact plain imposed basic rights seedlings planted soil grow great growing break foundations liberty view disposition make cause unnecessary rule upon motion appellee filed require appellant furnish security appearance serve sentence judgment reversed justice douglas concurring intimation principle announced case serves labor alone employer adequately answered opinion join emphasis cases national labor relations board virginia electric power virginia electric power national labor relations board prove discrimination exists moves add words cases relevant dealing legislation regulated relations unions members cf steele louisville nashville railroad one may required obtain license order speak uses economic power men jobs influence action exercising freedom speech protected first ment true whether employer employee long speak unfettered right matter side issue espouses justice black justice murphy join opinion justice jackson concurring frequently case controversy determined soon decided two times overlapping constitutional principles applied state texas stands right reasonably regulate pursuit vocation may occupation labor organizer thomas hand stands equally clear proposition texas may interfere right person peaceably freely address lawful assemblage workmen intent considering labor grievances though one may shade rough distinction always exists think shortly illustrated explained state may forbid one without license practice law vocation think stop unlicensed person making speech rights man rights labor kind right including recommending hearers organize support views likewise state may prohibit pursuit medicine occupation without license think make crime publicly privately speak urging persons follow reject school medical thought state extent necessary determine may regulate one makes business livelihood soliciting funds memberships unions think prohibit one even salaried labor leader making address public meeting workmen telling rights sees urging unite general join specific union wider range power pursuit calling making due different effects two interests state empowered protect modern state owes attempts perform duty protect public seek one purpose another obtain money one practice calling state may interest shielding public untrustworthy incompetent irresponsible unauthorized representation agency usual method performing function licensing system duty right state protect public false doctrine purpose first amendment foreclose public authority assuming guardianship public mind regulating press speech religion field every person must watchman truth forefathers trust government separate true false us west virginia state board education barnette many interests state may protect practice occupation may assume protect practice propagandizing speech press thereby left great range freedom liberty protected forefathers expected use always agreeable authority exercise always wise temperate useful society read intentions liberty protected knew way free men conduct representative democracy necessity choosing collective bargaining representatives brings nature problem groups organizing workmen representative democratic processes bring nation smaller society must choose rival leaders competing policies underground process union thomas head one choices offered workers best american tradition hired hall advertised meeting thomas went publicly faced labor constituents better men learn might getting public appearance speech disclose temperate man violent one reasonable leader workmen follow irresponsible one might expect disappointment earnest understanding leader free speech anywhere serves useful social purpose jealously guarded think relationship said thomas urged invited one join union said makes speech something else speech found texas courts therefore immunity state regulation held lost often country meet direct candid efforts stop speaking publication modern inroads rights come associating speaking factor state may regulate bring whole within official control speech admittedly otherwise beyond reach attempted brought within licensing system associating speech employers otherwise beyond reach federal government brought within labor board power suppress associating speech political malcontents sought reached associating variety whether particular case association characterization proven valid one often difficult resolve may proper cases inquire whether speech publication properly condemned association claim guardianship free speech press hollow one free speech sides every faction side labor relation constitutional useful right labor free turn publicity labor oppression substandard wages employer unfairness objectionable working conditions employer free answer turn publicity records leaders unions seek confidence men employees organizers associate violence offense laws labor free speech employer speech associated discriminatory discharges intimidation constitutional remedy stop evil permit speech two separable rarely inseparable stop punish speech publication must admit overriding findings texas applying thomas rule benefit breadth vigor denies employers national labor relations board cases cf national labor relations board virginia electric power virginia electric power national labor relations board national labor relations board trojan powder certiorari denied national labor relations board american tube bending certiorari denied elastic stop nut national labor relations board certiorari denied october however remedy allow texas improperly deny right free speech apply rule spirit free speech cases whoever speaker concur opinion justice rutledge case falls category public speech rather practicing vocation solicitor texas wait see thomas say escape impression injunction sought reached state effort forestall speaking contempt based part least fact make public labor speech concur reversing judgment justice roberts right express thoughts freely disseminate ideas fully secured constitution basic conception government long series cases applied fundamental rights great variety circumstances today however tioned clash right think one thoughts express right people protected dealings hold professional capacity requiring registration profess pursue callings doctors nurses lawyers notaries bankers accountants insurance agents solicitors every kind every state union traditionally duty make identification practitioners calling question us power texas call registration within limits precisely defined state sustaining statute challenged accurate way state issue quote construction placed upon texas statute exact limits requirement careful reading section law consideration disclose interfere right individual lay members unions solicit others join organization affect applies organizers pecuniary financial consideration solicit membership affects right one engage business paid organizer mere right individual express views merits union furthermore noted act require paid organizer secure license merely requires register identify union proposes operate permitted solicit members union act confers unbridled discretion secretary state grant withhold registration card makes mandatory duty accept registration issue card come within provisions act upon faith compliance therewith tex record discloses texas exercise police power adopted statute regulating labor unions many provisions presently concerned constitutional validity single section drawn question section requires every union organizer defined act person pecuniary financial consideration solicits memberships labor union members labor union request writing secretary state personally apply secretary card soliciting members organization give name union affiliation union credentials secretary issue card showing name affiliation signed also signed sealed secretary state bear designation organizer made duty organizer carry card request exhibit person solicits act makes violation basis criminal prosecution authorizes injunctions prevent threatened disregard provisions instance procedures followed us validity injunction sanction imposed refusal obey always important reach precise question presented one path end note involved first point made circumstance appellant proposed activity enjoined advance counsel bar asserted constitutional vice lay prohibition statute vice preclude arrest conviction violation less injunction denounced activity secondly appellant contend organizer within meaning act fact officer union employed specifically organizer solicitor memberships might well questioned application law public address made official capacity refrained obviously wished test act validity effect stipulated sweep included conduct occasion question thirdly appellant contend attempting identify solicitors preclude solicitation without identification statute either terms construed applied reaches realm public assembly public speaking argument persuasion aware state proposed invoke statute made sure bare right asserted solicit without compliance requirement clouded confusion right others mentioned address therefore pains state solicited members audience join named union make assurance violation doubly sure solicited man name offered membership application man signed fourthly act injunction disobeyed say nothing speech aimed solicitation members union statutory object said render unconstitutional position accurately state appellant contention asserts constitutional guarantees sharp distinction business rights civil rights discussion labor problems equally solicitation union membership civil rights exercised labor organizations effective means whereby employes may exercise guaranteed civil rights consequently interference right solicit membership organizations prohibited abridgment rights even though act applies paid organizers argument seeks drawn distinction case sustained registration persons desire use streets solicit funds urges burden act lays labor organizations substantial seriously hampering intended prevent present danger state stripped bare bones argument labor organizations beneficial lawful solicitation members necessary incident progress freedom solicit liberty speech protected state action fourteenth amendment national labor relations act hence texas require paid solicitor identify think issue issue presented courts decided one raised opinion imports case elements counsel appellant rely elements fact counsel strove eliminate order come fundamental challenge requirement identification labor organizer position taken opinion way statute interferes right address meeting speak favor labor union persuade one fellows join union least application case may accomplish end judgment without support record must bear mind appellant persuaded merely make speech come texas deliver violate act therefore determined order preclude doubt violation solicit present join union purpose specifically solicited individual enjoined making speech advocating union affiliation unjunction terms forbade membership local union labor union without first obtaining card information citation contempt based charged solicited pat join local union september day openly publicly solicited audience three hundred persons join oil workers international union uncontradicted evidence application blanks hand said earnestly urge solicit members local union join local unions capacity text speech put evidence appellant differ materially runs union man earnestly ask members oil workers international union join solicit become member union fellow workers judgment contempt proceeding defendant violate temporary restraining order heretofore issued injoining restraining said thomas soliciting members join oil workers international union petition state habeas corpus appellant suggest guise preventing soliciting held contempt making address opinion complaint charged appellant engaging soliciting members certain labor union violating injunction issued soliciting members said union adds counsel argument conceded existence necessary factual basis judgment contempt proceedings italics supplied thus appears challenge form content pleadings order texas trying enjoin appellant making speech regulate solicitation construing statute said applies organizers pecuniary financial consideration solicit membership thus excluded questions right speech assembly motion rehearing appellant advanced contention judgment directed speech statement jurisdiction filed said delivered speech meeting attended largely workers humble oil company solicited audience general one pat particular join oil workers international union italics supplied statement points relied stated urge act unconstitutional previous general restraint upon exercise appellant right free speech prohibiting appellant soliciting workers join union without obtaining organizer card violates constitutional provisions requiring appellant obtain license organizer card soliciting workers join union italics supplied nowhere document suggestion statute intended applied restrain restrict freedom speak save speech integral part transaction paid solicitation men join union since requirements obviously burdensome void statute unnecessary excessive exercise state police power priori reasoning state found conditions exist texas justify require identification paid organizers law prescribes word evidence record contradict conclusions absence showing need statute incontinently reject state considered views policy judgment power exists reasonably regulate solicitation exercise power act question unnecessarily burdensome rejected abstract grounds fee charged card may obtained mail comply law appellant need furnished name affiliation credentials statute nowise regulates curtails bans activities asked record hold without evidence support conclusion matter judicial notice texas bona fide interest warrant law makers requiring one engages pay business soliciting persons join unions shall identify law requires face different question statute attempted define necessary qualifications organizer purported regulate organizers might say limited movements activities essayed regulate time place purpose meetings restricted speakers expression views none things suggested act distinguished legislation regulating use streets solicitation money respects former think decision cox new hampshire circuit appeals city manchester leiby indistinguishable principle properly held one disseminating news profit may rightfully required identify may one profit solicits persons join organization respects second see reason limit said cantwell connecticut solicitation money solicitation texas act aimed may may involve payment initiation fees dues solicitor case involves assumption business financial liability persuaded join union transaction essence business one labor unions business associations object generally business dealings relationships manifest financial statements national unions men persuaded join business reasons employers persuaded join trade associations like reasons paid organizers whether business charity required identify reason labor organizers likewise think anyone pursues solicitation business profit members organization religious secular business calling bar state requiring identify paid solicitor may deem statutory provision review unnecessary unwise function judges read views policy constitutional guarantee order overthrow state policy personally approve denominating policy violation liberty speech judgment affirmed chief justice justice reed justice frankfurter join opinion footnotes sec labor union organizers operating state texas shall required file secretary state soliciting members organization written request mail shall apply person organizer card stating name full labor union affiliations describing credentials attaching thereto copy thereof application shall signed upon applications filed secretary state shall issue applicant card shall appear following applicant name union affiliation space personal signature designation organizer signature secretary state dated attested seal office organizer shall times soliciting members carry card shall exhibit requested person solicited membership sec district courts state judges thereof shall full power authority jurisdiction upon application state texas acting enforcement officer herein authorized issue proper restraining orders temporary permanent injunctions writs processes appropriate carry enforce provisions act proceedings shall instituted prosecuted tried heard civil proceedings like nature said courts act also requires unions file annual reports containing specified names addresses statement income expenditure names recipients copies contracts employers include clause prohibits charging dues create fund excess reasonable requirements union demanding collecting fee privilege work provides liberal construction prevent initiation fees officers agents organizers representatives must elected least majority vote aliens felons unless restored citizenship officials labor organizers additional enforcement provisions found section civil penalty exceeding imposed labor union violates provision act recovered suit name state instituted authorized officers violation statute union officer labor organizer made misdemeanor punishable fine confinement county jail exceed days section labor organizer shall mean person pecuniary financial consideration solicits memberships labor union members labor union interpretation promulgated secretary state person solicits memberships union receives remuneration therefor considered organizer solicitation memberships incident duties salary paid considered solicitation remuneration petition recites time place mass meeting thomas scheduled speak solicit members union meeting without organizer card recitals based alleged previous announcement intention things hearing denied made petition stated sufficient time defendant makes threatened speech notice served returned concludes prayer restraining order order repeated substantially recitals petition concerning meeting thomas scheduled speech intention solicit members grounds issuance appearing sworn petition statements counsel enjoined thomas soliciting memberships members local union affiliated texas without first obtaining organizer card according report speech given record refers thomas invitation speak meeting acceptance intention discuss workers join union urge present stating learned arrival right make speech questioned said come break law came make speech ask join union since issue arisen want anybody say evading opening get without making test law therefore vice president union man earnestly ask members oil workers international union join solicit become member union fellow workers thereby join hands labor throughout country industries thomas testified invitation follows said want join oil workers union application cards like sign one went asked everybody crowd member organization come necessary personally sign application cards thomas account occurred meeting substantiated testimony jesse owens assistant attorney general texas present motion recited thomas said time place solicit pat join local union said time place openly publicly solicit audience approximately persons join become members charged acts thomas alleged open flagrant violation order writ alleged acts constitute contempt punished appropriate order emphasis added reviewed contempt commitment appellee strenuous jurisdictional objections since state determined validity statute application habeas corpus proceeding objections federal constitutional grounds questions properly appeal people state new york ex rel bryant zimmerman state concedes cantwell connecticut cox new hampshire city manchester leiby however record shows offered sign application blanks cards necessary cf note supra acts alleged principal collects money principal actually collect fees dues person makes possible principal collect purports act labor union establishing contractual relation statements taken brief without doubt state may protect citizens fraudulent solicitation requiring stranger community permitting publicly solicit funds purpose establish identity authority act cause purports represent emphasis added citing comparison lewis publishing morgan people state new york ex rel bryant zimmerman cf text infra note cf schenck justice holmes dissenting abrams gitlow new york bridges california recent statement made west virginia state board education barnette right state regulate example public utility may well include far due process test concerned power impose restrictions legislature may basis adopting freedoms speech press assembly worship may infringed slender grounds susceptible restriction prevent grave immediate danger interests state may lawfully protect according brief analogy interstate commerce like freedom religion speech press protected undue burdens imposed yet still authority impose regulations reasonable relation subject emphasis added argument bar brief indefinite respect neither conceded unequivocally denied sentence imposed account acts nevertheless state maintains invitation sufficient sustain judgment sentence nothing need considered support regarded violation consisting acts appears statement opinion thomas terms injunction soliciting members said union without first registered plural used general platform plea considered one violations restrained punished ex parte petition order founded solely upon allegation based upon rumor later appeared thomas uncontradicted testimony intended address meeting course speech generally solicit nonunion men present join union cf note supra petition filed restraining order issued served possible specify anticipated individual solicitations consequently anticipated general ones relied upon order therefore must taken intended reach exactly requested get cf note supra text infra note ff motion reciting solicitation adding thomas openly publicly solicit audience approximately persons claimed acts open flagrant violation order contempt sought punishment order made usual formal recitals concerning previous proceedings parties appearance heard pleadings evidence without stating particular acts contempt consisted cf note supra found generally thomas harris county texas day september violate temporary restraining order heretofore issued injoining restraining soliciting members join without obtaining organizer card adjudged guilty contempt violation law order day september assessed punishment stated cf note supra see note supra according state concession thomas might made speeches unions unionism throughout texas without violating statute order address taken collection sought received contributions union without running afoul prohibitions always avoided using words invitation unorganized workers join union national labor relations board ford motor national labor relations board american tube bending compare texas ry brotherhood railway steamship clerks national labor relations board trojan powder national labor relations board new era die cf national labor relations board marks clothing international association machinists national labor relations board compare texas ry brotherhood railway steamship clerks cf note supra securing detailed information section requires cf note supra secretary state established administrative routine compliance includes form application requiring applicant state name address labor union affiliations definitely fully evidence authority act labor organizer labor union connected furnishing following credentials copy credentials citizen america whether ever convicted felony texas state nature offense state conviction whether rights citizenship fully restored authority secretary state testified cards issued course application blanks properly filled interpretative statement issued general public said absence mistake fraud misrepresentation respect securing considered secretary state discretion granting card applicant entitled upon compliance act required however applicant show bona fide affiliation existing labor union emphasis added precisely evidence connection felony inquiry showing bona fide affiliation satisfy secretary made clear record according texas decision come within provisions act upon good faith compliance therewith entitled receive card emphasis added compliance decision seem requires secretary determine good faith application thus sufficiency authority act union represented whether instances least determinations go beyond ministerial action require exercise discretion time required comply completing routine add burden things might amount undue previous restraint censorship mere registration previous identification might need determined time act became effective august date trial september labor organizers cards issued period applications cards returned applicants failure fill information requested sign application attach credentials resubmitted cards granted application denied since act became effective woodrow wilson put case free speech connection aptly always among believed greatest freedom speech greatest safety man fool best thing encourage advertise fact speaking easily discovered allow remain silent look wise let speak secret world knows fool exposure folly defeated seclusion folly free air free speech men get sort communication one another constitutes basis common achievement address institute france paris may selected literary political papers addresses woodrow wilson stromberg california near minnesota grosjean american press de jonge oregon herndon lowry lovell griffin hague schneider irvington thornhill alabama carlson california cantwell connecticut american federation labor swing bridges california bakery drivers helpers wohl martin city struthers taylor mississippi cafeteria employees union angelos compare murdock pennsylvania douglas jeannette west virginia state board education barnette follett mccormick section act forbids alien convicted felon whose civil rights restored act labor organizer provisions invoked applied nothing case turns occasion discuss drawn question addition section act contains sweeping severability clause