baggett bullitt argued march decided june class action brought members faculty staff students university washington judgment declaring unconstitutional state statutes requiring taking oaths one teachers state employees including teachers condition employment oath requires teachers swear precept example promote respect flag institutions state washington reverence law order undivided allegiance government oath state employees incorporates provisions state subversive activities act requires affiant swear subversive person commit advise teach abet advocate another commit aid commission act intended overthrow alter assist overthrow alteration constitutional form government revolution force violence subversive organization foreign subversive organization defined similar terms communist party declared subversive organization district held statute oath unduly vague violate first fourteenth amendments abstained ruling oath considered state courts held provisions statute act violate due process since well oaths based thereon unduly vague uncertain broad cramp board public instruction followed pp state require employee take unduly vague oath containing promise future conduct risk prosecution perjury loss employment particularly exercise first amendment freedoms may thereby deterred pp federal courts automatically abstain faced doubtful issue state law since abstention involves discretionary exercise equity power pp special circumstances warranting application doctrine construction oath eliminate vagueness terms probably raise constitutional issues abstention leads piecemeal adjudication protracted delays costly result first amendment freedoms may inhibited pp arval morris kenneth macdonald argued cause filed brief appellants herbert fuller deputy attorney general washington argued cause appellees brief john attorney general washington dean floyd assistant attorney general justice white delivered opinion appellants approximately number members faculty staff student body university washington brought class action asking judgment declaring unconstitutional two washington statutes requiring execution two different oaths state employees injunction enforcement statutes appellees president university members washington state board regents state attorney general statutes attack chapter laws chapter laws require employees state washington take oaths prescribed statutes condition employment legislation applies teachers upon applying license teach renewing existing contract required subscribe following solemnly swear affirm support constitution laws america state washington precept example promote respect flag institutions america state washington reverence law order undivided allegiance government laws subversive person means person commits attempts commit aids commission advocates abets advises teaches means person commit attempt commit aid commission act intended overthrow destroy alter assist overthrow destruction alteration constitutional form government state washington political subdivision either revolution force violence knowledge organization organization described subsections hereof becomes remains member subversive organization foreign subversive organization rev code may four months dismissal appeal nostrand little also challenge oath university president acting pursuant directions board regents issued memorandum university employees notifying required take oath oath form requires teaching personnel swear oath allegiance set aver read familiar understand provisions defining subversive person subversive activities act disclaim subversive person membership communist party subversive foreign subversive organization oath form requires state employees subscribe provisions except oath forms provide oath statements pertinent thereto made subject penalties perjury pursuant district convened trial determined oath underlying statutory provisions infringe upon first fourteenth amendment freedoms unduly vague respect claim oath unconstitutionally vague face held although challenge raised substantial constitutional issue adjudication proper absence proceedings state courts might resolve avoid constitutional issue action dismissed supp noted probable jurisdiction public importance type legislation recurring serious constitutional questions presents reverse appellants contend oath requirements statutory provisions based invalid face language unduly vague uncertain broad agree contention therefore without reaching numerous contentions pressed upon us confine considerations particular question cramp board public instruction invalidated oath requiring teachers employees state swear never lent aid support advice counsel influence communist party oath lacking terms susceptible objective measurement failed inform state commanded forbade statute therefore fell within compass decisions holding law forbidding requiring conduct terms vague men common intelligence must necessarily guess meaning differ application violates due process law connally general construction lanzetta new jersey joseph burstyn wilson cardiff champlin refining corporation oklahoma oath required statute suffers similar infirmities teacher must swear subversive person one commits act advises teaches abets advocates means another person commit aid commission act intended overthrow alter assist overthrow alteration constitutional form government revolution force violence subversive organization defined one engages assists activities intended alter overthrow government force violence purpose commission acts communist party declared statute subversive organization presumed party engage activities intended overthrow government persons required swear understand oath may quite reasonably conclude person aids communist party teaches advises known members party subversive person teaching advice may future date aid activities party teaching advising clearly acts one confidently assert counsel aid influence support adds resources rights knowledge communist party members aid party activities activities statute tells us furtherance stated purpose overthrowing government revolution force violence questions put cramp may equal force asked statute reach endorsement support communist candidates office reach lawyer represents communist party members journalist defends constitutional rights communist party members anyone supports cause likewise supported communists communist party susceptibility statutory language require forswearing undefined variety guiltless knowing behavior condemned cramp statute like one issue cramp unconstitutionally vague washington statute suffers additional difficulties vagueness grounds person subversive commits specified acts abets advises another aiding third person commit act assist yet fourth person overthrow alteration constitutional government washington said knowledge read every provision accept construction nostrand balmer nostrand little washington professor must know must know aid teaching used another person aided requisite guilty intent sufficient know aid teaching might useful others commission acts intended overthrow government subversive activity example attend participate international conventions mathematicians exchange views scholars communist countries editor scholarly journal analyzes criticizes manuscripts communist scholars submitted publication selecting outstanding scholars communist countries visiting professors advising teaching consulting university washington subversive activity scholars known communists regardless affiliations regularly teach students members communist party statutory definition subversive dedicated overthrow government washington oath goes beyond overthrow alteration force violence extends alteration revolution unless wholly redundant ordinary meaning distorted includes rapid fundamental change therefore organization person supporting advocating teaching peaceful constitutional amendments engaged subversive activity one support repeal amendment participation country world government ii also conclude oath offends due process vagueness oath exacts promise affiant precept example promote respect flag institutions state washington range activities might deemed inconsistent required promise wide indeed teacher refused salute flag advocated refusal religious beliefs might well accused breaching promise cf west virginia state board education barnette even criticism design color scheme state flag unfavorable comparison sister state foreign country deemed disrespectful therefore violative oath institutions purposes oath every practice law custom material persistent element life culture organized social group every established society corporation every establishment esp ecially one public character oath may prevent professor criticizing state judicial system institution judicial review might deemed proscribe advocating abolition example civil rights commission house committee activities foreign aid likewise difficult ascertain might done without transgressing promise promote undivided allegiance government unreasonable oathtaker conclude dispense lectures voicing criticism old new policy followed government find questionable language ally interest group dedicated opposing current public policy law federal government might well accused placing loyalty group allegiance indulging every presumption narrow construction provisions oath consistent however proper respect english language say oath provides ascertainable standard conduct require state may command guarantees first fourteenth amendments cramp board public instruction vice unconstitutional vagueness aggravated statute question operates inhibit exercise individual freedoms affirmatively protected constitution dealing indefinite statutes whose terms even narrowly construed abut upon sensitive areas basic first amendment freedoms uncertain meanings oaths require teachers public servants steer far wider unlawful zone speiser randall boundaries forbidden areas clearly marked conscientious regard solemnly swear affirm sensitive perils posed oath indefinite language avoid risk loss employment perhaps profession restricting conduct unquestionably safe free speech may inhibited smith california stromberg california see also herndon lowry thornhill alabama winters new york iii state labels wholly fanciful suggested possible coverage two oaths may well correct contention emphasizes difficulties two statutes oaths reach behavior suggested specific conduct oaths cover fanciful possibility end intended coverage begin say prosecutor sense fairness constitution prevent successful perjury prosecution activities seemingly embraced within sweeping statutory definitions hazard prosecuted knowing guiltless behavior nevertheless remains blinking reality acknowledge among us always ready affix communist label upon whose ideas violently oppose experience teaches us prosecutors human cramp supra prosecutors judicial safeguards neutralize vice vague law encourage casual taking oaths upholding discharge exclusion public employment conscientious scrupulous regard undertakings argued however notwithstanding uncertainties oath statute based oath offend due process vagaries contained promise future conduct breach support conviction perjury without criminal sanctions said one need fear taking oath regardless whether understands comply mandate however understood contention ignores effect oath solemnly swear unless honestly without prevarication reservation also effect believe written law means says oath form contains oaths expressly requires signer understand statement oath made subject penalties perjury moreover rev code provides person whether orally writing shall knowingly swear falsely concerning matter whatsoever commits perjury second degree even said conviction falsely taking oath sustained possibility prosecution gainsaid state may require one choose subscribing unduly vague broad oath thereby incurring likelihood prosecution conscientiously refusing take oath consequent loss employment perhaps profession particularly free dissemination ideas may loser smith california penalty invalid exaction obedience rule standard vague indefinite really rule standard champlin refg corporation oklahoma cf small american refg iv asked examine oath statute although books three decades never interpreted washington courts argument ever since railroad pullman many occasions ordered abstention state tribunals thought appropriate resolution complex unsettled questions local law watson spector motor service mclaughlin harrison naacp ordinarily accepts construction given state statute local courts also presumes statute construed way avoid constitutional question presented fox washington poulos new hampshire interpretation oath washington courts light vagueness attack may eliminate necessity deciding issue persuaded abstention doctrine automatic rule applied whenever federal faced doubtful issue state law rather involves discretionary exercise equity powers ascertainment whether exist special circumstances propper clark prerequisite application must made basis railroad pullman naacp bennett special circumstances present doubt first place construction oath provisions light vagueness challenge avoid fundamentally alter constitutional issue raised litigation see chicago atchison bulk abstention cases including cases vagueness issue unsettled issue state law principally concerned applicability challenged statute certain person defined course conduct whose resolution particular manner eliminate constitutional issue terminate litigation uncertain issue state law turn upon choice one several alternative meanings state statute challenged oath open one interpretations indefinite number uncertainty oath applies appellants issue raise whether oath permits engage certain definable activities rather complaint number understand required promise define range activities might engage future want forswear literally arguably within purview vague terms circumstances difficult see abstract construction challenged terms precept example allegiance institutions like declaratory judgment action eliminate vagueness terms fictional believe anything less extensive adjudications impact variety factual situations bring oath within bounds permissible constitutional certainty abstention require considerations also militate abstention construction oath state abstractly without reference concrete particularized situations necessary bring focus impact terms constitutionally protected rights speech association ashwander tennessee valley authority brandeis concurring hold little hope eliminating issue vagueness also likely pose constitutional issues decision result serving end avoiding constitutional adjudication also ignore abstention operates require piecemeal adjudication many courts england louisiana state board medical examiners thereby delaying ultimate adjudication merits undue length time england supra spector supra government civic employees organizing committee windsor result quite costly vagueness state statute may inhibit exercise first amendment freedoms indeed subversive person oath continuous constitutional attack since least nostrand balmer third time remitting litigants state courts construction oath protract proceedings already pending almost two years likelihood case perhaps years later return district perhaps decision identical issue herein decided see chicago atchison public utilities ohio fuel meanwhile vagueness statute deters constitutionally protected conduct free dissemination ideas may loser smith california cramp board public instruction supra question power state take proper measures safeguarding public service disloyal conduct measures purport define disloyalty must allow public servants know disloyal fact person compelled hold public office possibly excuse barring office criteria forbidden constitution torcaso watkins reversed footnotes foreign subversive organization means organization directed dominated controlled directly indirectly foreign government engages advocates abets advises teaches purpose engage advocate abet advise teach activities intended overthrow destroy alter assist overthrow destruction alteration constitutional form government state washington political subdivision either establish place thereof form government direction control vested exercised domination control foreign government organization individual rev code communist party declared subversive organization communist party subversive organization within purview chapter membership communist party subversive activity thereunder rev code although act subject previous challenge attack upon loyalty statute instituted two appellants present case professors howard nostrand max savelle brought declaratory judgment action superior state washington asking chapter laws declared unconstitutional enforcement enjoined washington held one section unconstitutional severable rest act whose validity upheld nostrand balmer appeal decision washington vacated case remanded determination whether employees refused sign oath afforded hearing explain defend reasons refusal nostrand little washington held upon remand since professors nostrand savelle tenured professors terms contracts rules promulgated board regents entitled hearing nostrand little dismissed appeal nostrand little issue find dispositive case bar presented proceedings oath form state washington statement oath teaching faculty university washington undersigned solemnly swear affirm support constitution laws america state washington precept example promote respect flag institutions america state washington reverence law order undivided allegiance government certify read provisions rcw rcw rcw rcw printed reverse hereof understand familiar contents thereof subversive person therein defined solemnly swear affirm member communist party knowingly subversive organization understand statement oath made subject penalties perjury signature title department subscribed sworn affirmed day notary public state washington residing note desiring affirm may strike words swear sworn substitute affirm affirmed respectively oath form state washington statement oath staff university washington teaching faculty certify read provisions rcw rcw rcw rcw printed reverse hereof understand familiar contents thereof subversive person therein defined solemnly swear affirm member communist party knowingly subversive organization understand statement oath made subject penalties perjury signature title department office subscribed sworn affirmed day notary public state washington residing executed duplicate one copy retained individual note desiring affirm may strike words swear sworn substitute affirm affirmed respectively since ground find dispositive immediately affects professors state employees required take oath interests students university academic freedom fully protected judgment favor teaching personnel occasion pass standing students bring suit drafters subversive activities act stated washington legislature communist party dovetailed program designed create unrest civil strife impede normal processes state national government end weakening ultimately destroying constitutional republic thereby facilitating avowed soviet purpose substituting totalitarian dictatorship first report joint legislative committee activities washington state iv contention found constitutional difficulties identical definitions subversive person subversive organizations gerende board supervisors without merit forcefully argued gerende candidates state office maryland required take oath incorporating section maryland statutes defining subversive person organization identical terms challenged herein rejected interpretation maryland law pass upon approve definitions subversive person organization contained maryland statutes instead made clear judgment affirmed solely basis actual oath imposed maryland law requires one swear person engaged attempt overthrow government force violence knowingly member organization engaged attempt emphasis original said bar attorney general state maryland declared advise proper authorities accept affidavit terms satisfying full statutory requirement circumstances understanding judgment maryland appeals affirmed also argued smith act upheld vagueness challenge dennis proscribes activity language washington statute argument founded misreading dennis supra section provides whoever knowingly willfully advocates abets advises teaches duty necessity desirability propriety overthrowing destroying government government state force violence reversing convictions section yates made quite clear exactly terms proscribe smith act reaches advocacy action overthrow government force violence webster new int dictionary ed maintenance opportunity free political discussion end government may responsive people changes may obtained lawful means opportunity essential security republic fundamental principle constitutional system statute upon face vague indefinite permit punishment fair use opportunity repugnant guaranty liberty contained fourteenth amendment stromberg california tatutes restrictive purporting place limits first amendment freedoms must narrowly drawn meet precise evil legislature seeks curb conduct proscribed must defined specifically person persons affected remain secure unrestrained rights engage activities encompassed legislation congress industrial organizations rutledge concurring validity state statute challenged constitution properly adjudication district reference state courts construction statute automatically made naacp bennett see also livingston supp aff livingston though never interpreted state state statute fairly subject interpretation avoid modify federal constitutional question duty federal decide federal question presented shelton mckinley supp ark abstention inappropriate substantial problems statutory construction delay prejudice constitutional rights american airways village cedarhurst cir sterling drug anderson supp see railroad texas pullman chicago fieldcrest dairies spector motor service mclaughlin alabama state federation labor mcadory american federation labor watson stainback mo hock ke lok po shipman dupre albertson millard leiter minerals government civic employees organizing committee windsor city meridian southern bell tel tel musser utah appellants convicted committing acts injurious public morals vagueness challenge statute either applied face raised first time oral argument vacated conviction remanded determination whether conviction urging persons commit polygamy rested solely provision albertson millard communist party state michigan secretary sought enjoin several constitutional grounds application state statute five days passage requiring registration pain criminal penalties organization substantially directed dominated controlled union soviet socialist republics satellites acts world communist movement members organization argued definitions vague failed inform local communist organization members required register lower took judicial notice fact communist party local party associated part world communist movement dominated soviet union held statute constitutional respects vacated judgment declined pass appellants constitutional claims michigan courts suit already pending construed statutory terms determined required local party secretary without register approach constitutional claims including one founded vagueness wholly eliminated statute construed state require local communist organizations without substantial ties foreign country members register stated differently question whether statute applied plaintiffs question authoritatively answered state courts harrison naacp naacp naacp legal defense education fund sought declaratory judgment injunction several constitutional grounds respect numerous recently enacted state statutes lower enjoined implementation three statutes including one provision vagueness grounds ordered abstention two others finding ambiguous ordered abstention statutes finding susceptible constructions limit eliminate effect litigative legal activities naacp construction might thereby eliminate necessity passing many constitutional questions raised vagueness issue example require adjudication state courts found challenged provisions restrict activities naacp require naacp register unlike instant case necessity deciding federal constitutional issues abstention cases turned whether restrictions requirements uncertain unclear state statute imposed persons bringing action activities defined complaint see clark federal procedural reform rights tex rev note harv rev disposition doubtful question local law might terminate entire controversy thus make unnecessary decide substantial constitutional question considerations equity justify rule abstention state ruling local law settle federal questions necessarily remain litigation already federal courts inordinately long time considerations equity require litigation brought end quickly possible justice clark justice harlan joins dissenting strikes unconstitutionally vague two acts state washington first act requires every state employee swear affirm subversive person therein defined second act requires another oath taken teachers declared void without benefit opinion either state federal dissent first merits latter refuses afford state opportunity interpret law says act void face unduly vague uncertain broad points oath requires teacher swear subversive person one commits act advises teaches abets advocates means another person commit aid commission act intended overthrow alter assist overthrow alteration constitutional form government revolution force violence finds act declares communist party subversive organization premises reasons act person aids communist party teaches advises known members party subversive person future date teaching may aid activities party reasoning continues assertion one confidently assert counsel aid influence support adds resources rights knowledge communist party members aid party furtherance stated purpose overthrowing government revolution force violence interrogates statute reach endorsement support communist candidates office lawyer represents communist party members defense constitutional rights communist party members support cause likewise supported communists communist party apparently concluding answers questions unclear declares act void citing cramp board public instruction let us take reasoning reverse order first cramp apposite majority failed recognize statute cramp required oath much broader scope one instant case cramp involved oath lend aid support advice counsel influence communist party oath replete defects present washington oath justice stewart pointed cramp provision oath question noted says nothing advocacy violent overthrow state federal government says nothing membership affiliation communist party past present provision completely lacking terms susceptible objective measurement strange find language statute profoundly vague trouble identical language presented another oath gerende board supervisors elections constitutionality maryland ober law written language identical washington act affirmed unanimous attack vagueness unfortunate gerende overruled quickly state laws copied maryland act washington act primarily approval declare void action command dignity respect due judicial process course absurd say words washington act professor risks violation teaches german english history subject included curriculum college degree class communist party member might sit interpret language act extract sunbeams cucumbers gulliver mad scientist conjure ridiculous questions answers know know negative build whimsical farcical straw man grim grimm addition ober law also found statutes using similar language vague unavoidable example smith act upheld attack based vagueness landmark case dennis critical language smith act words washington act whoever knowingly willfully advocates abets advises teaches duty necessity desirability propriety overthrowing destroying government emphasis supplied agree standard defined neat mathematical formulary like verbalizations subject criticism score indefiniteness think statute well serves indicate advocate constitutionally prohibited conduct line beyond may go line full knowledge intend circumstances activity takes place well appreciate understand ii appellants make claims say act violates rights association free speech guaranteed first fourteenth amendments light konigsberg state bar california anastaplo adler board education garner board public works american communications assn douds claim frivolous likewise view decision washington highest tenured employees entitled hearing nostrand little due process claim without foundation conclusion also apply employees without tenure since entitled hearing washington civil service act rev code et seq administrative procedure act rev code et seq iii washington never construed oath allegiance required act agree district washington highest afforded opportunity district said granting withholding equitable declaratory relief federal suits seek limit control state action committed sound discretion accordingly absence concrete factual showing plaintiff member classes state employees represented suffered actual injury reason application oath allegiance statute chapter laws decline render declaratory judgment constitutionality statute advance authoritative construction washington supp contended crucial section maryland ober act identical washington act gerende review record case conclusively demonstrates contrary gerende opinion stated qualification fact remains approved judgment maryland rejected argument act unconstitutionally vague