houston hill argued march decided june upon shouting police attempt divert attention friend confrontation appellee arrested wilfully interrupt ing city policeman verbal challenge investigation violation municipal ordinance making unlawful person assault strike manner oppose molest abuse interrupt policeman execution duty acquittal municipal appellee brought suit federal district challenging ordinance constitutionality seeking inter alia damages attorney fees district held ordinance unconstitutionally vague overbroad face appeals reversed finding ordinance substantially overbroad since literal wording punished might deter significant range protected speech held municipal ordinance makes unlawful interrupt police officer performance duty substantially overbroad therefore invalid face first amendment ordinance question criminalizes substantial amount susceptible regular application constitutionally protected speech accords police unconstitutional enforcement discretion demonstrated evidence indicating although ordinance plain language violated scores times daily individuals chosen police unguided discretion arrested appellant argument ordinance substantially overbroad inhibit exposition ideas simply bans unprotected core criminal conduct persuasive since ordinance language making unlawful assault strike police officer expressly state penal code enforceable portion prohibits verbal interruptions police thereby deals speech rather core criminal conduct moreover although speech might prohibited consists fighting words utterance inflict injury tend incite immediate breach peace ordinance question limited expressions broadly applies speech manner interrupt policeman thereby impermissibly infringes constitutionally protected freedom individuals verbally oppose challenge police action appellant contention ordinance sweeping nature inevitable essential maintain public order also without merit since ordinance narrowly tailored prohibit disorderly conduct fighting words impermissibly provides police unfettered discretion arrest individuals words conduct simply annoying offensive pp abstention assertedly allow state courts reach readily available limiting construction eliminate ordinance overbreadth inappropriate even case involve first amendment facial challenge abstention particularly inappropriate ordinance question plain unambiguous thus susceptible limiting construction moreover limited severing discrete unconstitutional subsections since enforceable portion unconstitutional entirety even municipal courts many opportunities narrow ordinance scope appellant claim state courts chance construe ordinance unavailing light ordinance nonambiguity availability certification state courts state law render abstention appropriate uncertain question state law resolved pp although preservation liberty depends part upon maintenance social order first amendment requires officers municipalities respond restraint face verbal challenges police action since certain amount expressive disorder inevitable society committed individual freedom must protected freedom survive pp brennan delivered opinion white marshall blackmun stevens joined blackmun filed concurring opinion post scalia filed opinion concurring judgment post powell filed opinion concurring judgment part dissenting part joined parts ii rehnquist joined parts ii iii scalia joined post rehnquist filed dissenting opinion post robert collins argued cause appellant briefs jerry edwin smith charles alan wright argued cause appellee brief michael maness gerald birnberg alvin bronstein david goldstein burt neuborne james harrington bruce griffiths filed brief american civil liberties union et al amici curiae urging affirmance justice brennan delivered opinion case presents question whether municipal ordinance makes unlawful interrupt police officer performance duties unconstitutionally overbroad first amendment appellee raymond wayne hill lifelong resident houston texas time lawsuit began worked paralegal executive director houston human rights league member board gay political caucus helped found hill also affiliated houston radio station carried city county press passes since lived montrose diverse eclectic neighborhood center gay political social life houston app incident sparked lawsuit occurred montrose area february hill observed friend charles hill intentionally stopping traffic busy street evidently enable vehicle enter traffic two houston police officers one named kelley approached charles began speaking according district shortly thereafter hill began shouting officers admitted attempt divert kelley attention charles hill app juris statement hill first shouted pick somebody size officer kelley responded interrupting official capacity houston police officer hill shouted yes pick somebody size app hill arrested houston code ordinances wilfully intentionally interrupt ing city policeman verbal challenge investigation app charles hill arrested hill acquitted nonjury trial municipal code ordinances city houston texas reads sec assaulting interfering policemen shall unlawful person assault strike manner oppose molest abuse interrupt policeman execution duty person summoned aid making arrest trial hill introduced records provided city regarding frequency arrests made violation ordinance type conduct arrested charged also introduced evidence testimony concerning arrests several reporters ordinance finally hill introduced evidence regarding experience ordinance arrested four times since never convicted district held hill evidence demonstrate ordinance unconstitutionally applied also rejected hill contention ordinance unconstitutionally vague overbroad face ordinance vague stated wording ordinance sufficiently definite put person reasonable intelligence fair notice actions forbidden particular finds use words interrupt sufficiently clear virtue everyday definitions interrupt commonly means cause one cease stopping someone middle something plaintiff example clearly interrupted police officers regarding charles hill incident app juris statement panel appeals reversed city suggestion rehearing en banc granted appeals vote upheld judgment panel appeals agreed district conclusion ordinance vague plainly encompasse mere verbal well physical conduct applying standard established broadrick oklahoma however appeals concluded ordinance substantially overbroad found significant range protected speech expression punishable might deterred literal wording statute appeals also reviewed evidence unconstitutional application ordinance hill introduced trial disturb district ruling statute unconstitutionally applied hill reporters conclude however evidence mentioned district revealed realistic danger substantial potential unconstitutional application ordinance ibid evidence showed ordinance officially regarded penalizing mere interruption policeman line duty employed make arrests inter alia arguing alking nterfering ailing remain quiet efusing remain silent erbal abuse ursing erbally yelling alking loudly alking scene city appealed claiming appeals erred holding ordinance facially overbroad abstaining ordinance construed state courts noted probable jurisdiction affirm ii elements first amendment overbreadth analysis familiar statute substantially overbroad may invalidated face new york ferber broadrick oklahoma supra never held statute held invalid face merely possible conceive single impermissible application brennan dissenting instead facial challenge overbreadth vagueness law first task determine whether enactment reaches substantial amount constitutionally protected conduct hoffman estates flipside hoffman estates kolender lawson criminal statutes must scrutinized particular care winters new york make unlawful substantial amount constitutionally protected conduct may held facially invalid even also legitimate application kolender supra city principal argument ordinance inhibit exposition ideas bans core criminal conduct protected first amendment brief appellant view application ordinance hill illustrates police employ prohibit conduct subterfuge control dissuade free expression ibid since ordinance since evidence city applied ordinance chill particular speakers ideas city concludes ordinance substantially overbroad disagree city characterization several reasons first enforceable portion ordinance deals core criminal conduct speech city conceded language ordinance making unlawful person assault strike police officer texas penal code reply brief appellant city explains species physical assault police officer encompassed within provisions texas penal code code governmental subdivision agency may enact enforce law makes conduct covered code offense subject criminal penalty tex penal code ann see knott state tex app reversing conviction obtained municipal ordinance state penal code accordingly enforceable portion ordinance makes unlawful person manner oppose molest abuse interrupt policeman execution duty thereby prohibits verbal interruptions police officers second contrary city contention first amendment protects significant amount verbal criticism challenge directed police officers speech often provocative challenging nevertheless protected censorship punishment unless shown likely produce clear present danger serious substantive evil rises far public inconvenience annoyance unrest terminiello chicago lewis city new orleans example appellant found yelled obscenities threats officer asked appellant husband produce driver license appellant convicted municipal ordinance made crime person wantonly curse revile use obscene opprobrious language toward reference member city police actual performance duty citation omitted vacated conviction invalidated ordinance facially overbroad critical decision fact ordinance punishe spoken words limited scope fighting words utterance inflict injury tend incite immediate breach peace quoting gooding wilson see also ibid georgia statute limited fighting words held facially invalid moreover concurring opinion lewis justice powell suggested even fighting words exception recognized chaplinsky new hampshire might require narrower application cases involving words addressed police officer properly trained officer may reasonably expected exercise higher degree restraint average citizen thus less likely respond belligerently fighting words citation omitted houston ordinance much sweeping municipal ordinance struck lewis limited fighting words even obscene opprobrious language prohibits speech manner interrupt officer constitution allow speech made crime freedom individuals verbally oppose challenge police action without thereby risking arrest one principal characteristics distinguish free nation police state city argues however even ordinance encompasses protected speech sweeping nature inevitable essential maintain public order city recalls observation smith goguen areas human conduct nature problems presented legislatures simply establish standards great precision control broad range disorderly conduct may inhibit policeman performance official duties may one area requiring assessment need keep order houston ordinance however narrowly tailored prohibit disorderly conduct fighting words way resembles law upheld colten although appreciate difficulties drafting precise laws repeatedly invalidated laws provide police unfettered discretion arrest individuals words conduct annoy offend observed century ago certainly dangerous legislature set net large enough catch possible offenders leave courts step inside say rightfully detained set large reese lewis justice powell elaborated basis concern sweeping dragnet laws ordinance construed louisiana confers police virtually unrestrained power arrest charge persons violation many arrests made situations witnesses arresting officer person charged required conviction accept testimony officer obscene opprobrious language used toward performance duties contrary city argument unlikely limiting ordinance application genuine fighting words incompatible full adequate performance officer duties usually unnecessary charge person less serious offense addressing obscene words officer present type ordinance tends invoked valid basis arresting objectionable suspicious person opportunity abuse especially statute received virtually openended interpretation facts case particularly direct conflict testimony said well illustrate possibility abuse houston ordinance criminalizes substantial amount constitutionally protected speech accords police unconstitutional discretion enforcement ordinance plain language admittedly violated scores times daily app yet individuals chosen police unguided discretion arrested far providing breathing space first amendment freedoms need survive naacp button ordinance susceptible regular application protected expression conclude ordinance substantially overbroad appeals err holding facially invalid iii city also urged us reach merits hill constitutional challenge rather abstain reasons related underlying decision railroad pullman view certain limiting constructions readily available state courts eliminate ordinance overbreadth abstention course exception rule colorado river water conservation dist particularly reluctant abstain cases involving facial challenges based first amendment held abstention inappropriate cases statutes justifiably attacked face abridging free expression dombrowski pfister case force plaintiff commenced federal action suffer delay proceedings might effect impermissible chilling constitutional right seeks protect zwickler koota even case involve facial challenge first amendment find abstention inappropriate cases involving facial challenge statute pivotal question determining whether abstention appropriate whether statute fairly subject interpretation render unnecessary substantially modify federal constitutional question harman forssenius see also hawaii housing authority midkiff statute obviously susceptible limiting construction even statute never interpreted state tribunal duty federal exercise properly invoked jurisdiction harman supra see wisconsin constantineau ambiguity state statute federal abstain proceed decide federal constitutional claim zwickler koota supra citing cases ordinance susceptible limiting construction courts agreed language plain meaning unambiguous constitutionality turn upon choice one several alternative meanings baggett bullitt cf babbitt farm workers ordinance limited severing discrete unconstitutional subsections rest example limited core criminal conduct physical assaults fighting words applications state law see supra enforceable portion ordinance general prohibition speech simply core constitutionally unprotected expression might limited smith goguen emphasis deleted city proposed constructions insufficient doubtful even remarkable job plastic surgery upon face ordinance save shuttlesworth birmingham sum ince naked question uncomplicated ambiguous language whether act face unconstitutional wisconsin constantineau abstention federal jurisdiction required hawaii housing authority supra city relies heavily claim state courts opportunity construe statute even true factor controlling stated statute ambiguous need abstain even state courts never interpreted statute harman supra example declined abstain deciding facial challenge state statute suit filed federal four days statute took effect brockett spokane arcades event city claim state courts opportunity construe statute misleading state appellate courts appear lacked opportunity undisputed houston municipal courts courts record texas since numerous opportunities narrow scope ordinance evidence done fact city primary position throughout litigation insis validity ordinance literally read long recognized trial interpretations given jury instructions constitute ruling question state law binding us though precise words written ordinance terminiello thus municipal courts regularly applied unambiguous statute certainly need federal abstain state appellate courts opportunity construe possibility certification change analysis certification procedure useful reducing substantial burdens cost delay abstention places litigants uncertain question state law affect resolution federal claim delay expense chief drawbacks abstention availability certification becomes important factor deciding whether abstain bellotti baird nevertheless even recognized importance certification deciding whether abstain careful note availability certification sufficient render abstention appropriate manifestly inappropriate certify question case uncertain question state law whose resolution might affect pending federal claim demonstrated supra ordinance neither ambiguous obviously susceptible limiting construction federal may properly ask state care effect rewrite statute therefore see need case abstain pending certification iv today decision reflects constitutional requirement face verbal challenges police action officers municipalities must respond restraint mindful preservation liberty depends part upon maintenance social order cf terminiello chicago supra dissenting opinion first amendment recognizes wisely think certain amount expressive disorder inevitable society committed individual freedom must protected freedom survive therefore affirm judgment appeals ordered join opinion judgment except agree implication one exists see ante gooding wilson lewis city new orleans good law context facts lend real support judgment review case dissented gooding lewis see conviction legislation consideration related fighting words within teaching reach chaplinsky new hampshire still view therefore disassociate possible suggestion cases controlling authority houston ordinance us however evident language demonstrates ante far broad offensive first amendment values susceptible regular application protected expression footnotes district stated hill shout ed abuses officers app juris statement emphasis added appeals held however evidence support district finding raymond hill shout ed abuses officer kelley see app testimony officer kelley hill use abusive language testimony hill kelley consistent ways ignored district agree example charles attempted leave initial conversation officers kelley grabbed charles arm turned around told walk away according hill charles nervous tic went spasms prompted one officers screa charles making fun kelley stated charles twitching erratic strange manner kelley know charles seizure insolent point however testimony substantially diverges kelley hill interrupte verbal challenge quoted text crowd beginning form hill testified officers grabbed charles placed wall threatened hit large flashlight according hill call kid done nothing wrong want pick somebody pick note applicability justice powell observation possibility abuse convictions ordinance frequently turn resolution direct conflict testimony said lewis city new orleans powell concurring result see infra conviction ordinance misdemeanor punishable fine app juris statement facts hill three arrests found district follows august hill intentionally interrupted two houston police officers made traffic arrest arrest hill wrote license plate numbers walked within arm length one officers side nearest officer revolver officer asked hill leave hill instead moved closer hill arrested tried found guilty observing cars parked near bookstore hill entered store announced public address system police officers present patrons prepare show identification patrons promptly left store thereby frustrating investigation hill arrested interfering investigation case subsequently dismissed finally october eight months lawsuit began hill arrested refusing leave immediate area car unknown unconscious person inside arresting officers failed appear municipal however charge hill dismissed charges summarized appendix opinion appeals noted appellee offered evidence arrests made violation ordinance november march violations apparently frequent city uses printed form report charges form entitled complaint interrupting policeman contains preprinted charge wilfully intentionally interrupt ing city policeman followed blank officer fills description basis charge noting majority arrested charged conduct patently unlawful appeals observed many instances malefactor described handwritten portion done nothing offensive public order speaking failing remain silent third arrests never prosecuted city also claims appeals engaged improper factfinding city notes district found ordinance unconstitutionally applied argues appeals erred reviewing hill evidence concluding showed potential unconstitutional application conclusion foreclosed according city clearly erroneous standard federal rule civil procedure brief appellant argument without merit independent review record appropriate activity question arguably protected constitution naacp claiborne hardware moreover appeals accepted challenged appeal district finding ordinance unconstitutionally applied hill reporters disagreement lower courts therefore limited question law whether ordinance face substantially overbroad concluding ordinance overbroad appeals err reviewing evidence ignored district concerning application ordinance concluding evidence demonstrated significant potential unconstitutional application ordinance question whether ordinance unconstitutionally applied hill neither presented appeal essential decision address city threshold argument hill lacks standing without merit basis argument district finding ordinance constitutionally applied hill past finding irrelevant however question hill standing seek prospective relief hill shown genuine threat enforcement ordinance future activities steffel thompson compare supra testimony hill willingness interrupt officers future golden zwickler intervening event rendered unlikely future application statute appellee see also app juris statement district finding hill gay rights activist claims houston police systematically harassed direct result sexual preferences moreover although never required plaintiff undergo criminal prosecution obtain standing challenge facial validity statute doe bolton fact hill already arrested four times ordinance lends compelling support threat future enforcement therefore agree appeals hill record arrests ordinance adopted role citizen provocateur give hill standing challenge facial validity ordinance cf ellis dyson one assaults strikes either police officer person summoned aid making arrest may arrested prosecuted either tex penal code ann supp renders unlawful provocative contact assault threatened assault person tex penal code ann renders unlawful conduct causing bodily injury peace officer sections provide pertinent part section assault person commits offense person intentionally knowingly recklessly causes bodily injury another including person spouse intentionally knowingly threatens another imminent bodily injury including person spouse intentionally knowingly causes physical contact another person knows reasonably believe regard contact offensive provocative section aggravated assault person commits offense commits assault defined section code causes serious bodily injury another causes bodily injury peace officer lawful discharge official duty knows informed person peace officer uses deadly weapon actor presumed known person assaulted peace officer wearing distinctive uniform indicating employment peace officer portion ordinance hill directed constitutional challenge see complaint record appeals address issue assumed ordinance prohibited physical well verbal assaults still found ordinance substantially overbroad city conceded see reply brief appellant need address question whether ordinance partially substantially overbroad extent ordinance interpreted ban fighting words tex penal code ann preempts municipal laws prohibit conduct subject penalty code see supra state comprehensive disorderly conduct provision subsection makes unlawful abusive indecent profane vulgar language utterance tends incite immediate breach peace prohibits use fighting words practice commentary annotated code confirms section designed track fighting words exception set forth chaplinsky new hampshire tex penal code ann pp supp justice powell suggests analysis protected speech sweeps broadly constitutionally unprotected speech must go unpunished price worth paying preserve vitality first amendment absolute assurance tranquility required may well forget free speech requirement free speech consist platitudes kind speech need constitutional protection spence washington douglas concurring citation omitted case today decision leave municipalities powerless punish physical obstruction police action example justice powell municipality constitutionally may punish individual chooses stand near police officer persistently attempt engage officer conversation officer directing traffic busy intersection post agree however conduct might constitutionally punished properly tailored statute disorderly conduct statute makes unlawful fail disperse response valid police order create traffic hazard colten kentucky municipality may however houston done case attempt punish conduct broadly criminalizing speech directed officer case authorizing police arrest person manner verbally interrupts officer justice powell also observes contentious abusive speech interrupt officer investigation offers example person run beside officer pursuing felon public street shouting officer post concern example simply contentious speech rather possibility shouting running beside officer person may physically obstruct officer investigation although person might constitutionally punished tailored statute prohibited individuals physically obstructing officer investigation may punished broad statute aimed speech conclusion finds familiar echo common law see king cook crim cas ann county cook troublesome talkative individual evidently regards police disfavour makes secret opinions subject told persons tone voice undoubtedly intended officer ears arrested man drunk arrest unjustifiable point committed crime free country like citizens entitled express opinions without thereby rendering liable arrest unless inciting others break law policemen exempt criticism cabinet ministers levy edwards car eng nisi prius constable breaks fight two boys proceeds handcuff one third party objects telling constable right handcuff boy done wrong may arrested cf ruthenbeck first criminal judicial bergen misc vacating conviction saying police officer big muttonhead think czar around see generally note obstructing public officer rev onduct involving verbal challenge officer authority criticism actions operates course impair working efficiency government agents yet countervailing danger lie stifling individual power resist danger omnipotent unquestionable officialdom demands sacrifice efficiency forces private opposition strongest case allowing challenge simply imponderable risk abuse extent realized never possible ascertain lies state challenge allowed freedom verbally challenge police action without limits course recognized fighting words utterance inflict injury tend incite immediate breach peace constitutionally protected chaplinsky new hampshire supra gooding wilson see also supra extent ordinance extend disorderly conduct tex penal code ann supp comprehensive state disorderly conduct provision see supra ordinance challenged colten kentucky stated person guilty disorderly conduct intent cause public inconvenience annoyance alarm recklessly creating risk thereof congregates persons public place refuses comply lawful order police disperse rev stat supp see see kolender lawson identification requirement unconstitutional accords police full discretion smith goguen statutory language standardless sweep allows policemen prosecutors juries pursue personal predilections thereby entrusting lawmaking judgment policeman beat quoting gregory chicago black concurring papachristou city jacksonville vagrancy ordinance furnishes convenient tool harsh discriminatory enforcement local prosecuting officials particular groups deemed merit displeasure quoting thornhill alabama coates cincinnati statute prohibiting annoying conduct contains obvious invitation discriminatory enforcement like many ordinances cases houston effectively grants police discretion make arrests selectively basis content speech discretion particularly repugnant given eternal temptation arrest speaker rather correct conditions complains younger harris douglas dissenting city raise abstention issue lost merits panel appeals rehearing en banc neither majority dissent addressed abstention city tardy decision urge abstention remarkable given acquiescence three years federal adjudication merits insistence district panel ordinance unambiguous constitutional face circumstances undercut force city argument bar us considering wisconsin constantineau railroad pullman see dombrowski pfister procunier martinez baggett bullitt naacp button cf babbitt farm workers city suggests statute constitutional construed apply intentional interruptions physical rather verbal acts officer attempts make arrests detentions brief appellant proposals either odds ordinance plain meaning sufficiently limit scope first speech necessarily lose constitutional protection speaker intends interrupt officer intent requirement cabin excessive discretion ordinance provides officers second given first part statute discussed infra limiting ordinance physical acts equivalent invalidating face third reasonable way read plain language ordinance limited arrests detentions even limitation significantly limit scope ordinance force substantially language years houston police arrest average persons per year ordinance brief appellee citing record indeed hill introduced evidence district houston municipal courts declined employ limiting constructions jury instructions brief appellee citing record plaintiff exhibits texas law either appeals may certify question texas criminal law may determinative cause pending appears certifying controlling precedent decisions criminal appeals tex rule app proc justice powell argues unsettled question effect ordinance texas penal code requires culpable mental state element offense creates sufficient ambiguity require certification suggests texas criminal appeals might limit convictions ordinance cases finding inten interfere officer performance duties justifies certification argues limit narrow focus constitutional question us post justice powell implicitly concedes however possibility intent requirement eliminate excessive discretion ordinance affords police choosing arrest even requirement ordinance remain unconstitutionally overbroad moreover meaning application intent requirement raise independent questions vagueness overbreadth therefore case certification hold little hope eliminating issue overbreadth also likely pose constitutional issues decision result serving justifying end avoiding constitutional adjudication baggett bullitt also inappropriate federal certify entire constitutional challenge state course certified questions confined uncertain questions state law see wright miller cooper federal practice procedure pp justice scalia concurring judgment reasons stated justice powell part ii opinion agree abstention appropriate case believe houston ordinance reasonably susceptible limiting construction avoid constitutional question posed case agree certification also inappropriate merits agree views expressed justice powell part iii opinion therefore concur judgment joins parts ii iii justice powell opinion justice powell justice joins chief justice joins parts ii justice scalia joins parts ii iii concurring judgment part dissenting part city houston made unlawful person manner oppose molest abuse interrupt policeman execution duty code ordinances city houston texas today concludes ordinance violates first fourteenth amendments constitution view reached merits constitutional claims instead certified question texas criminal appeals also disagree reasons declining abstain principle railroad pullman finally although agree ordinance interpreted violates fourteenth amendment write separately join reasoning case involves challenge ordinance designed prevent interference police officers performance duties constitutional analysis proceed determine precise meaning ordinance question problem detain concludes interpretation ordinance presents uncertain question state law ante contrary think serious question meaning ordinance challenged ordinance contain explicit intent requirement parties acknowledge however texas penal code requires imputation culpability requirement see brief appellant brief appellee texas penal code ann provides definition offense prescribe culpable mental state culpable mental state nevertheless required unless definition plainly dispenses mental element nature imputed mental state direct effect constitutional issue presented case apparently assumes requisite intent provided person intent utter words constitute interruption plausible texas criminal appeals construe intent requirement differently example conclude conviction ordinance requires proof person intended speak also intended interfere officer performance duties interpretation change constitutional questions two ways narrow substantially scope ordinance possibly resolve overbreadth question also make language ordinance precise possibly satisfy concern vagueness least interpretation narrow focus constitutional question obviate need broad statements regarding first amendment protections speech directed police officers role however place interpretive gloss words houston city council chosen ordinance federal law power authoritatively construe gooding wilson quoting photographs without means obtaining authoritative construction last year texas voters amended texas constitution provide criminal appeals jurisdiction answer questions state law certified federal appellate tex art see tex rule app proc implementing aspect constitutional provision justice explained recently peculation federal meaning state statute absence prior state adjudication particularly gratuitous state courts stand willing address questions state law certification federal brockett spokane arcades concurring repeatedly emphasized appropriateness certification cases presenting uncertain questions state law cases certification save time energy resources hel build cooperative judicial federalism bellotti baird quoting lehman brothers schein view ambiguity ordinance coupled seriousness invalidating state law requires ascertain ordinance means address appellee constitutional claims therefore vacate judgment remand instructions certify case texas criminal appeals allow interpret intent requirement ordinance accordingly dissent concludes however case properly us address remaining issues presented ii pullman abstention generally appropriate determination unsettled question state law state avoid need decision substantial question federal constitutional law although agree pullman abstention inappropriate case write separately reasons somewhat different expressed pullman abstention inappropriate unless state courts provid parties adequate means adjudicate controverted state law issue field abstention constitutional cases scope pullman abstention doctrine rev see wright miller cooper federal practice procedure cf railroad pullman abstaining law texas appears furnish easy ample means determining commission authority clear texas law affords remedy hill obtain state interpretation ordinance apparent means securing ruling action declaratory judgment see tex civ prac rem code ann et seq authorizing courts grant declaratory judgments texas law treats declaratory judgment actions civil cases thus appealable texas rather texas criminal appeals see services life ins delaney tex moreover texas criminal appeals exclusive appellate jurisdiction decide questions texas criminal law see tex art texas held narrow exceptions injunctive declaratory relief criminal statutes available civil cases see texas liquor control board canyon creek land tex thus quite unlikely declaratory injunctive action bring hill determination meaning ordinance either trial appellate short sure ways ordinance interpreted certification see supra appeals criminal convictions ordinance neither routes provides hill means obtain relief sufficient justify pullman abstention aside barriers created texas procedure late stage city houston raised issue weighs heavily abstention houston first suggested abstention appropriate appeals published panel opinion invalidating ordinance noted similar case proposal comes nearly three years filing complaint produce delay attributable abstention recent years sought minimize see mayor philadelphia education equality league sum late presentation claim coupled doubts whether relief secured texas law convinces pullman abstention inappropriate iii agree conclusion ordinance violates fourteenth amendment join reasoning finds ordinance deals core criminal conduct speech ante view ordinance draws distinction none exists terms ordinance oppose molest abuse interrupt policeman execution duty include general words apply fully conduct speech respect lewis city new orleans clearly distinguishable case new orleans ordinance made breach peace person wantonly curse revile use obscene opprobrious language toward reference member city police actual performance duty quoting new orleans ordinance agree ordinance applied speech cases also agree first amendment protects good deal speech may directed police officers occasion may include verbal criticism question implication opinion first amendment generally protects verbal challenge directed police officers ante challenge often takes form opposition interruption performance duty many situations speech type directed police officers functionally indistinguishable conduct first amendment clearly protect example doubt municipality constitutionally may punish individual chooses stand near police officer persistently attempt engage officer conversation officer directing traffic busy intersection similarly individual contentious abusive speech interrupt officer investigation possible criminal conduct person observing officer pursuing person suspected felony run beside public street shouting officer similar tactics interrupt policeman lawfully attempting interrogate persons believed witnesses crime sum opinion appears reflect failure apprehend ordinance however may construed intended primarily public interest law enforcement sure fine line legitimate criticism police type criticism interferes purpose police officers unfortunately seems ignore fine line extend first amendment protection type verbal molestation interruption officer performance duty despite concerns expressed nevertheless agree ambiguous terms ordinance confe police virtually unrestrained power arrest charge persons violation opportunity abuse especially statute received virtually interpretation lewis city new orleans supra powell concurring result texas placed limiting construction ordinance also clear houston made effort curtail wide discretion police officers present ordinance record contains sampling complaints filed ordinance people charged crimes failure remain silent stationary remaining refusing remain silent talking en banc although incidents may involved unprotected conduct vagueness charges suggests respect ordinance houston officials acting proper sensitivity constitutional rights citizens government protects society interests manner restricts speech law must framed precisely ordinance us accordingly agree houston ordinance unconstitutional difficult course specifically frame ordinance applies areas human conduct nature problems presented legislatures simply establish standards great precision control broad range disorderly conduct may inhibit policeman performance official duties may one area requiring assessment need keep order smith goguen iv although believe proper course vacate judgment appeals bo decision case properly us brown shoe harlan concurring part dissenting part concur judgment affirmance least one texas appellate concluded section applies municipal ordinances see pollard state tex app pet ref pollard state cr case demonstrates two advantages certification traditional pullman abstention procedure first certification saves time sending question directly empowered provide authoritative construction statute second certification obviates procedural difficulties may hinder efforts obtain declaratory judgments state trial courts see infra cf brown shoe harlan dissenting part concurring part gillespie steel stewart concurring see also longshoremen davis rehnquist concurring part concurring judgment concludes pullman abstention inappropriate two reasons first suggests particularly reluctant abstain cases involving facial challenges based first amendment ante supports conclusion citation dombrowski pfister see nothing case supports broad principle dombrowski declined abstain interpretation ultimately put challenged state statutes state courts irrelevant readily apparent construction suggest ed vehicle curing constitutional problem statute rationales straightforward applications general rule pullman abstention appropriate determination uncertain question state law obviate need federal decide substantial question federal constitutional law second reason abstaining believes statute fairly subject interpretation substantially modify federal constitutional question ante quoting harman forssenius see supra disagreement view note adequacy state procedures examined much strictly cases seeking pullman abstention cases seeking younger abstention compare pennzoil texaco first definition challenge edition american heritage dictionary call engage contest fight implies municipalities punish attempt interfere police officers physically obstruct officer investigation ante constitutes fighting words within meaning chaplinsky new hampshire see ante implication troubles indicated text supra page many situations state public interest right punish speech directed police officers fall within either exceptions chief justice rehnquist dissenting join parts ii justice powell opinion concurring judgment part dissenting part agree however houston ordinance absence authoritative construction texas courts unconstitutional see lewis city new orleans blackmun dissenting therefore dissent affirmance judgment appeals