harriss argued october decided june construed federal regulation lobbying act vague indefinite meet requirements due process pp general class offenses statute directed plainly within terms statute struck vague even though marginal cases put doubts might arise general class offenses made constitutionally definite reasonable construction statute duty give statute construction section limits coverage act persons except specified political committees solicit collect receive contributions money thing value one main purposes either persons contributions aid accomplishment aims set forth pp purposes set forth construed refer lobbying commonly accepted sense direct communication members congress pending proposed legislation pp principal purpose requirement adopted merely exclude scope contributions persons incidental purpose influencing legislation exclude contribution substantial part used influence legislation direct communication congress person whose activities substantial part directed influencing legislation direct communication congress pp three prerequisites coverage person must solicited collected received contributions one main purposes person one main purposes contributions must influence passage defeat legislation congress intended method accomplishing purpose must direct communication members congress case unnecessary pass contention penalty provision violates first amendment pp section yet applied appellees never applied appellees found innocent charges elimination still leave statute defining specific duties providing specific penalty violation duty separability provision act given effect ultimately found invalid oscar davis argued cause brief robert stern acting solicitor general assistant attorney general olney beatrice rosenberg john wilkins walter cummings solicitor general filed statement jurisdiction burton wheeler argued cause harriss appellee brief edward wheeler hugh howell argued cause linder commissioner agriculture georgia appellee brief victor davidson ralph moore appellee submitted brief pro se chief justice warren delivered opinion appellees charged information violation federal regulation lobbying act stat relying previous decision national association manufacturers mcgrath supp vacated moot district dismissed information ground act unconstitutional supp case direct appeal criminal appeals act seven counts information laid requires designated reports congress every person receiving contributions expending money purpose influencing passage defeat legislation congress one count charges national farm committee texas corporation failure report solicitation receipt contributions influence passage legislation cause rise price agricultural commodities commodity futures defeat legislation cause decline prices remaining six counts charge defendants moore harriss failure report expenditures single purpose alleged expenditures consist payment compensation others communicate members congress public functions committee hearings concerning legislation affecting agricultural prices alleged expenditures relate largely costs campaign induce various interested groups individuals communicate letter members congress legislation two counts information laid requires person shall engage pay consideration purpose attempting influence passage defeat legislation register congress make specified disclosures two counts allege considerable detail defendants moore linder hired express certain views congress agricultural prices cause others purpose attempting influence passage legislation cause rise price agricultural commodities commodity futures defeat legislation cause decline prices pursuant undertaking without registered required arranged members congress contacted behalf views either directly emissaries artificially stimulated letter campaign concerned sufficiency information criminal pleading review criminal appeals act limited decision alleged invalidity statute information based making decision judge statute face see petrillo invalidity lobbying act asserted three grounds vague indefinite meet requirements due process violate first amendment guarantees freedom speech freedom press right petition government penalty provision violates right people first amendment petition government constitutional requirement definiteness violated criminal statute fails give person ordinary intelligence fair notice contemplated conduct forbidden statute underlying principle man shall held criminally responsible conduct reasonably understand proscribed hand general class offenses statute directed plainly within terms statute struck vague even though marginal cases put doubts might arise petrillo cf jordan de george general class offenses made constitutionally definite reasonable construction statute duty give statute construction course adopted screws upholding definiteness civil rights act course appropriate key section lobbying act entitled persons applicable section provides provisions title shall apply person except political committee defined federal corrupt practices act duly organized state local committees political party agent employee persons manner whatsoever directly indirectly solicits collects receives money thing value used principally aid principal purpose person aid accomplishment following purposes passage defeat legislation congress influence directly indirectly passage defeat legislation congress government urges much broader construction namely person must report expenditures influence legislation even though solicit collect receive contributions provided construction believe violence title language well legislative history construction urged government become law congress accomplish legislation turn alleged vagueness purposes set forth rumely involved interpretation similar language believe language construed refer lobbying commonly accepted sense direct communication members congress pending proposed federal legislation legislative history act makes clear least congress sought disclosure direct pressures exerted lobbyists hirelings artificially stimulated letter campaign likewise clear congress intended act operate narrower basis even broader application organizations seeking propagandize general public permissible remains consideration meaning principal purpose used principally aid legislative history act indicates term principal adopted merely exclude scope contributions persons incidental purpose influencing legislation conversely principal purpose requirement exclude contribution substantial part used influence legislation direct communication congress person whose activities substantial part directed influencing legislation direct communication congress otherwise organization example exempted lobbying one main activities act large measure reduced mere exhortation abuse legislative process construing act narrowly avoid constitutional doubts must also avoid construction seriously impair effectiveness act coping problem designed alleviate summarize therefore three prerequisites coverage person must solicited collected received contributions one main purposes person one main purposes contributions must influence passage defeat legislation congress intended method accomplishing purpose must direct communication members congress since modifies substantive provisions act construction necessity also narrow scope substantive provisions underlying information case thus limited persons covered covered must report contributions expenditures purpose attempting influence legislation direct communication congress similarly limited persons stated exceptions covered addition engage pay valuable consideration purpose attempting influence legislation direct communication congress construed way lobbying act meets constitutional requirement definiteness ii thus construed also violate freedoms guaranteed first amendment freedom speak publish petition government legislative complexities individual members congress expected explore myriad pressures regularly subjected yet full realization american ideal government elected representatives depends small extent ability properly evaluate pressures otherwise voice people may easily drowned voice special interest groups seeking favored treatment masquerading proponents public weal evil lobbying act designed help prevent toward end congress sought prohibit pressures merely provided modicum information hire attempt influence legislation collect spend funds purpose wants know hired putting money much acted spirit similar purpose passing federal corrupt practices act maintain integrity basic governmental process see burroughs cannon circumstances believe congress least within bounds act construed constitutionally forbidden require disclosure lobbying activities deny congress large measure power congress used power manner restricted appropriate end conclude applied persons defined offend first amendment suggested however lobbying act respect persons defined may practical matter act deterrent exercise first amendment rights hypothetical borderline situations conjured persons choose remain silent fear possible prosecution failure comply act narrow construction act precluding reasonable fears calculated avoid restraint even assuming deterrent effect restraint indirect one resulting comparable many ways restraint resulting criminal libel laws hazard restraint remote require striking statute face otherwise plainly within area congressional power designed safeguard vital national interest iii appellees attack statute ground penalty provided unconstitutional section provides addition penalties provided subsection person convicted misdemeanor specified therein prohibited period three years date conviction attempting influence directly indirectly passage defeat proposed legislation appearing committee congress support opposition proposed legislation person violates provision subsection shall upon conviction thereof guilty felony shall punished fine imprisonment five years fine imprisonment find unnecessary pass contention unlike judged face yet applied appellees never applied appellees found innocent charges see wurzbach petrillo moreover act provides separability provision found invalid ultimately declared unconstitutional elimination still leave statute defining specific duties providing specific penalty violation duty prohibition expressly stated addition penalties provided subsection subsection makes violation misdemeanor punishable fine imprisonment consequently seem obstacle giving effect separability clause ever prove necessary compare electric bond share securities exchange commission judgment reversed cause remanded district proceedings inconsistent opinion reversed footnotes section provides person shall engage pay consideration purpose attempting influence passage defeat legislation congress shall anything furtherance object register clerk house representatives secretary senate shall give officers writing oath name business address name address person employed whose interest appears works duration employment much paid receive paid paid much paid expenses expenses included person registering shall first tenth day calendar quarter long activity continues file clerk secretary detailed report oath money received expended preceding calendar quarter carrying work paid purposes names papers periodicals magazines publications caused published articles editorials proposed legislation employed support oppose provisions section shall apply person merely appears committee congress support opposition legislation public official acting official capacity case newspaper regularly published periodical including individual owns publishes employed newspaper periodical ordinary course business publishes news items editorials comments paid advertisements directly indirectly urge passage defeat legislation newspaper periodical individual engages activities connection passage defeat legislation appear committee congress support opposition legislation information required filed provisions section clerk house representatives secretary senate shall compiled said clerk secretary acting jointly soon practicable close calendar quarter respect information filed shall printed congressional record third count abated death defendant charge made see petrillo government appeal open whole case borden see jordan de george quarles statutory construction problems approaches criminal law vand rev note harv rev cf fox washington musser utah winters new york rule statutes charged vagueness one aspect broader principle fairly possible must construe congressional enactments avoid danger unconstitutionality delaware hudson congress industrial organizations rumely thus case supra held expenditures labor organization publication weekly periodical urging support certain candidate forthcoming congressional election forbidden federal corrupt practices act makes unlawful labor organization make contribution expenditure connection congressional election similarly rumely case supra construed house resolution authorizing investigation lobbying activities intended influence encourage promote retard legislation cover lobbying commonly accepted sense representations made directly congress members committees section defines term person including individual partnership committee association corporation organization group persons government view based variance language language section refers person solicits collects receives contributions however refers receiving contributions also expending money apparently government contention since makes reference expenditures inapplicable expenditure provisions section however limits application whole merely part senate house reports bill state section defines application title committee print july statement representative monroney legislative reorganization act see also remarks representative dirksen presenting bill house gist antilobbying provision contained section cong rec lobbying act enacted title iii legislative reorganization act reported congress joint committee organization congress senate house reports accompanying bill identical respect title iii declared lobbying act applies chiefly three distinct classes lobbyists first visit capitol initiate propaganda country form letters telegrams many based entirely upon misinformation facts class persons organizations required title cease curtail activities respect merely disclose sources collections methods disbursed second second class lobbyists employed come capitol false impression exert powerful influence members congress individuals spend time washington presumably exerting mysterious influence respect legislation employers interested carefully conceal members congress happen contact purpose presence title wise prohibits curtails activities merely requires shall register disclose sources purposes employment amount compensation third third class entirely honest respectable representatives business professional philanthropic organizations come washington openly frankly express views legislation many serve useful perfectly legitimate purpose expressing views interpretations employers respect legislation concerns likewise required register state compensation sources employment committee print july statement representative monroney legislative reorganization act pp see also statement senate senator la follette chairman joint committee cong rec see act separability clause note infra providing invalidity application act affect validity application persons circumstances senate house reports accompanying bill state act apply organizations formed purposes whose efforts influence legislation merely incidental purposes formed committee print july statement representative monroney legislative reorganization act senate discussion preceding enactment senator hawkes asked senator la follette chairman joint committee charge bill explanation principal purpose requirement particular senator hawkes sought assurance organizations like chamber commerce subject act senator la follette refused give assurance stating far organizations individuals concerned say senator new jersey depend type character activity undertake tell senator whether come act depend type activity engage far legislation concerned act affects individuals organizations alike engage covered activity italics added cong rec see also representative dirksen remarks house cong rec criterion novel federal law see int rev code income tax estate tax gift tax providing tax exemption contributions charitable educational organizations substantial part activities carrying propaganda otherwise attempting influence legislation illustrative cases applying criterion see sharpe estate commissioner cir marshall commissioner cir faulkner commissioner cir huntington national bank commissioner cf girard trust commissioner cir leubuscher commissioner cir weyl commissioner cir slee commissioner see also annotation three exceptions see note supra construction act least definite many criminal statutes upheld charge vagueness boyce motor lines regulation providing drivers motor vehicles carrying explosives shall avoid far practicable feasible prearrangement routes driving congested thoroughfares places crowds assembled street car tracks tunnels viaducts dangerous crossings dennis smith act making unlawful person conspire knowingly willfully advocate abet advise teach duty necessity desirability propriety overthrowing destroying government force violence petrillo statute forbidding coercion radio stations employ persons excess number employees needed perform actual services screws williams statute forbidding acts deprive person rights privileges immunities secured protected constitution laws wurzbach statute forbidding candidate congress officer employee solicit receive contribution political purpose whatever officer employee omaechevarria idaho statute forbidding pasturing sheep cattle range previously occupied cattle upon range usually occupied cattle grower fox washington state statute imposing criminal sanctions every 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 nash sherman act forbidding every contract combination form trust otherwise conspiracy restraint trade commerce among several foreign nations cf jordan de george statute providing deportation persons committed crimes involving moral turpitude similar legislation enacted twenty see notes yale rev similarly hatch act probably deters federal employees political activity permitted statute yet sustained national interest nonpolitical civil service public workers mitchell stat provision act application thereof person circumstances held invalid validity remainder act application provision persons circumstances shall affected thereby justice douglas justice black concurs dissenting sympathy effort save statute charge vague indefinite unconstitutional inclinations way end oral argument study changed mind convinced formula adopted save act dangerous use easily ensnare people done exercise constitutional rights speech assembly press deal validity criminal statute use test connally general construction question whether statute either forbids requires act terms vague men common intelligence must necessarily guess meaning differ application vague think one fails meet standards required due process law see petrillo determining question consider statute face stated lanzetta new jersey face challenged provision repugnant due process clause specification details offense intended charged serve validate statute accusation prescribes rule govern conduct warns transgression one may required peril life liberty property speculate meaning penal statutes entitled informed state commands forbids question therefore information charges proof might whether statute sufficiently narrow precise give fair warning contended act plainly applies persons pay others present views congress either committee hearings letters communications congress congressmen persons spend money induce others communicate congress difficulty act rewritten words actually added subtracted produce result section makes act applicable anyone directly indirectly solicits collects receives contributions used principally aid principal purpose person aid either passage defeat legislation congress influence directly indirectly passage defeat legislation congress contributions might used principally aid influencing directly indirectly passage defeat measure congress one retained purpose influencing passage defeat legislation one addresses trade union repeal labor law certainly hopes influence legislation manufacturers association runs ads newspapers sales tax farm group undertakes raise money educational program conducted newspapers magazines radio television showing need revision attitude world trade group oil companies puts agents nation capital sound alarm hostile legislation exert influence congressmen defeat work hill passage laws favorable oil interests business labor farm religious social racial group raises money contact people request write congressman get law repealed modified get proposed law passed propose law activities covered act one included others apparently excludes kind activities listed categories includes part activities entail contacts congress however difficulty course difficulty seems insuperable find warrant act drawing line direct communication congress pressures congress act much concerned one words direct communication congress act congress concerned raising money aid passage defeat legislation whatever tactics used strikes one whole group activities influence indirectly substitutes new concept remaining group influence directly influence directly passage defeat legislation includes number methods example nationwide radio television advertising programs promoting particular measure well buttonholing congressmen include latter excluding former rewrite act case one distinct types lobbying specifically proscribed another different group defined loose broad terms make definition vague uncertain give words act ordinary meaning know terminal points judging words congress used one type activity enumerated much proscribed another importance problem emphasized reason fact legislation domain first amendment amendment provides congress shall make law abridging freedom speech press right people petition government redress grievances congress require one register writes article makes speech files advertisement appears radio television writes letter seeking influence existing pending proposed legislation pose considerable question first amendment thomas collins indicates mean intimate congress without power require disclosure real principals behind come congress get others speak though represent public interest fact undisclosed agents special groups mention first amendment emphasize statutes touching field narrowly drawn prevent supposed evil see cantwell connecticut cast vague indefinite terms cast cloud exercise constitutional rights cf stromberg california thornhill alabama winters new york joseph burstyn wilson rule relaxed congress impose registration requirements exercise first amendment rights saving courts salvage good bad meanwhile causing might possibly covered act peril law practical effect deterrent exercise first amendment rights seeks avoid consequence construing law narrowly applying paid buttonhole congressmen collect expend moneys get others may appropriate cases read statute gloss placed order save charge vagueness see fox washington think course appropriate language act broad one writes letter makes speech publishes article distributes literature many things appellees charged fair notice close prohibited line construction give today make clear retroactively vague standards confronted appellees acts charged criminal cf pierce since act touches exercise first amendment rights narrowly drawn meet precise evils vagueness evils continuous effective restraint justice jackson dissenting several reasons lead withhold assent decision clearest feature case begins act mischievously vague government charged enforcement understand important assumptions rejected interpretation clearest feature decision leaves country act much like act passed congress course question us easy differ whether appropriate strike strike recall cases gone far rewriting act act passed congress appear apply persons solicit receive funds purpose lobbying receive expend funds purpose lobbying merely expend funds purpose lobbying least eliminates last category coverage act though suppose serious evils affecting public interest found way lobbyists spend money ways obtain present indictments six counts relate exclusively failures report expenditures one appears rest exclusively failure report receipts also congress enacted statute reach raising spending funds purpose influencing congressional action directly indirectly entirely deletes indirectly narrows directly mean direct communication members congress two constructions leave act touching part practices congress deemed sinister finally compensate deletions act expands phrase principal purpose refers contribution substantial part used influence legislation agree course make liberal interpretations save legislative acts including penal statutes punish conduct traditionally recognized morally wrong whoever kidnaps steals kills commits similar acts violence upon another bound know inviting retribution society many statutes define crimes traditionally perhaps necessarily vague dealing novel offense established bounds moral basis criminality conduct dealt depends entirely upon purpose influence legislation though may many abuses pursuit purpose act deal corruption defendants example indicted failing report activities raising spending money influence legislation support farm prices charge corruption bribery deception improper action may selfish business best interests nation whole area legal penalties applied formulae precise clear language permit first amendment forbids congress abridge right people petition government redress grievances right interpretation consistent given first amendment rights confers large immunity upon activities persons organizations groups classes obtain think due government course conflicting claims propaganda confusing annoying times doubt deceiving corrupting may forget constitutional system allow greatest freedom access congress people may press selfish interests congress acting arbiter demands conflicts matters nature seem wise leave scope criminal act close impinging right petition dependent upon judicial construction limitations judicial construction constitutional statutory always subject hazards judicial reconstruction one may rely today narrow interpretation peril later may expand act include accordance terms today excludes recently happened antitrust laws cites similarly vague criminal case sustained indictment admittedly changing repeated constitutional statutory interpretations underwriters ex post facto provision constitution held protect citizen retroactive change decisional law prejudicial change legislation long statute stands books vagueness contingent threat activities today rules contingency change views hereafter constituted opinion presupposes disagree congress power regulate lobbying hire business profession require agents disclose principals activities receipts however reach real evils lobbying without cutting constitutional right petition difficult delicate task action today gives little guidance doubt whether act construed permit applications abridge right petition clear safe workable channels must maintained think point defects limitations condemn act clearly sustain written leave rewriting congress congress know experience good right petition evils professional lobbying