fox washington argued decided february gilbert roe plaintiff error tanner attorney general washington fred remann defendant error justice holmes delivered opinion information editing printed matter tending encourage advocate disrespect law contrary statute washington statute follows person shall wilfully print publish edit issue knowingly circulate sell distribute display book paper document written printed matter form advocating encouraging inciting tendency encourage incite commission crime breach peace act violence shall tend encourage advocate disrespect law courts justice shall guilty gross misdemeanor rem bal code defendant demurred ground act unconstitutional demurrer overruled defendant tried convicted pac regard jurisdiction observed state affirming constitution guarantees freedom speech held act valid respect also bad uncertainty citing oil texas ed sup gather constitution especially amendment relied upon apart certificate chief justice effect printed matter question article entitled nude prudes reciting earlier part community free spirits came woods escape polluted atmosphere conventional society liberties enjoyed homeites privilege bathe evening dress merely clothes nature gave chose prudes got community proceeded brutal unneighborly way outside world suppress people freedom four persons arrested charge indecent exposure followed two cases seems sentences imprisonment perpetrators vile action wonder boycotted goes indignation people aroused liberty attacked first step way subjecting community persecution outside taken let go without resistance progress prudes easy predicts encourages boycott thus interfere freedom home concluding boycott pushed invaders come see brutal mistake action inform people thus indirection unmistakably article encourages incites persistence must assume breach state laws indecent exposure jury found far statutes fairly may construed way avoid doubtful constitutional questions construed ex rel atty delaware ed sup presumed state laws construed way state courts understand state implication least read statute confined encouraging actual breach law therefore argument act unjustifiable restriction liberty vague criminal law must fail appear likely statute construed prevent publications merely tend produce unfavorable opinions particular statute law general present case disrespect law encouraged disregard overt breach technically criminal act accord usages english interpret disrespect manifested disrespect active disregard going beyond line drawn law happened yet see reason believe statute stretched beyond point statute construed going farther necessary go order bring defendant within trouble want definiteness see nash ed sup international harvester kentucky ed sup lays hold encouragements apart statute directed particular person conduct generally make uttered guilty misdemeanor accomplice principal crime encouraged deals publication wider less selected audience laws description unfamiliar course nothing wisdom defendant prosecution act concerns us said infringe constitution judgment affirmed