zwickler koota argued october decided december reversal state law grounds appellant conviction violating new york statute distributing anonymous political handbills affirmed state highest thereafter appellant invoking federal jurisdiction civil rights act declaratory judgment act sought district declaratory relief injunction future criminal prosecutions violating statute claiming face statute contravened first amendment overbreadth applied doctrine abstention dismissed complaint leaving appellant assert constitutional challenge state courts either defense criminal prosecution future violations statute way declaratory judgment action held abstention ruling declaratory judgment issue warranted appellant made special showing need injunction criminal prosecution held district erred refusing pass appellant claim declaratory judgment special circumstance warranting application abstention doctrine claim pp federal duty giving due respect suitor choice federal forum hearing decision federal constitutional claims escape duty permissible merely state courts equally responsible enforcement protection federal constitutional rights statutory construction state courts avoid modify constitutional question statute involved challenged lack clarity overbreadth pp principle abstention used simply give state courts first opportunity vindicate federal claim particularly significant statute attacked repugnant first amendment delay requiring recourse state courts might chill constitutional right plaintiff seeks protect district duty adjudicating request declaratory judgment regardless conclusion propriety issuance injunction dombrowski pfister made clear questions abstention injunctive relief pp emanuel redfield argued cause filed brief appellant samuel hirshowitz first assistant attorney general new york argued cause appellee brief louis lefkowitz attorney general irving rollins george zuckerman brenda soloff assistant attorneys general jack greenberg melvyn zarr anthony amsterdam filed brief naacp legal defense educational fund amicus curiae urging reversal harry brodbar raymond scanlan filed brief national district attorneys association amicus curiae urging affirmance justice brennan delivered opinion section new york penal law makes crime distribute quantity among things handbill another contains statement concerning candidate connection election public officers without also printing thereon name post office address printer thereof person whose instance handbill distributed appellant convicted violating statute distributing anonymous handbills critical record congressman seeking elections conviction reversed state law grounds new york appellate term new york appeals affirmed without opinion thereafter appellant invoking district jurisdiction civil rights act declaratory judgment act sought declaratory injunctive relief district eastern district new york ground face statute repugnant guarantees free expression secured federal constitution contention statute suffers impermissible overbreadth sweep embraces anonymous handbills within outside protection first amendment cf talley california one judge dissenting applied doctrine abstention dismissed complaint remitting appellant new york courts assert constitutional challenge defense criminal prosecution future violations statute short institution action state declaratory judgment supp appellant appeal presents important question scope discretion district courts abstain deciding merits challenge state statute face violates federal constitution noted probable jurisdiction reverse shall consider first whether abstention declaratory judgment sought appellant appropriate absence request injunctive relief second whether abstention nevertheless justified appellant also sought injunction future criminal prosecutions violation thus expanding federal judicial power congress imposed duty upon levels federal judiciary give due respect suitor choice federal forum hearing decision federal constitutional claims plainly escape duty permissible merely state courts also solemn responsibility equally federal courts guard enforce protect every right granted secured constitution robb connolly yet like believe wherever federal courts sit human rights federal constitution always proper subject adjudication right decline exercise jurisdiction simply rights asserted may adjudicated forum stapleton mitchell supp see mcneese board education cf cohens virginia wheat doctrine abstention first fashioned railroad commission pullman sanctions escape narrowly limited special circumstances propper clark one special circumstances thought district present case susceptibility state statute construction state courts avoid modify constitutional question harrison naacp compare baggett bullitt question construction avoid modify constitutional question appellant challenge statute void vagueness statute either forbids requires act terms vague men common intelligence must necessarily guess meaning differ application connally general construction rather constitutional attack statute although lacking neither clarity precision void overbreadth offends constitutional principle governmental purpose control prevent activities constitutionally subject state regulation may achieved means sweep unnecessarily broadly thereby invade area protected freedoms naacp alabama see aptheker secretary state naacp button louisiana ex rel gremillion naacp shelton tucker schware board bar examiners martin city struthers cantwell connecticut schneider state appellee contest appellant suggestion clear precise indeed appellee concedes state construction narrow allegedly indiscriminate cast render unnecessary decision appellant constitutional challenge see aptheker secretary state analysis livingston supp aff livingston guide decision regard interest sovereignty state reluctance needlessly adjudicate constitutional issues may require federal district abstain adjudication parties may avail appropriate procedure obtain state interpretation state laws requiring construction harrison decision harrison however broad encyclical commanding automatic remission state courts federal constitutional questions arising application state statutes bennett though never interpreted state state statute fairly subject interpretation avoid modify federal constitutional question duty federal decide federal question presented course impose expense long delay upon litigants without hope bearing fruit principles particular significance case attack upon statute face repugnancy first amendment case force plaintiff commenced federal action suffer delay state proceedings might effect impermissible chilling constitutional right seeks protect see dombrowski pfister baggett bullitt supra naacp button supra cf garrison louisiana smith california follows unless appellant addition prayer injunctive relief supplies one special circumstance prerequisite application doctrine abstention present baggett bullitt error refuse pass appellant claim declaratory judgment ii majority view light prayer abstention deciding declaratory judgment issue justified appellant made showing special circumstances entitling injunction criminal prosecution appellee supports holding reliance upon maxim federal district slow act powers invoked interfere injunction threatened criminal prosecutions state douglas city jeannette recently recognized continuing validity pronouncement dombrowski pfister however appellant plaintiffs douglas seek solely restrain threatened criminal prosecution state courts rather also requested declaratory judgment state statute underlying apprehended criminal prosecution unconstitutional majority although recognizing douglas might inapposite case read dombrowski pfister requiring abstention considering appellant request declaratory judgment absence showing appellant special circumstances justify exercise federal jurisdiction grant injunctive relief since majority found special circumstances justifying relief majority concluded also required abstain considering request declaratory relief conclusion error dombrowski teaches questions abstention injunctive relief question propriety action district abstaining discussed independent issue governed different considerations squarely held abstention doctrine inappropriate cases present one statutes justifiably attacked face abridging free expression view reaffirmed keyishian board regents statute attacked unconstitutional face said citing dombrowski baggett bullitt supra case abstention pending state interpretation appropriate follows district views question injunctive relief irrelevant question abstention request declaratory judgment state statute overbroad face must considered independently request injunctive relief enforcement statute hold federal district duty decide appropriateness merits declaratory request irrespective conclusion propriety issuance injunction douglas city jeannette supra contrary case involved request injunctive relief refused enjoin prosecution ordinance declared unconstitutional day murdock pennsylvania comity federal pennsylvania courts deemed sufficient reason justify holding view decision rendered today murdock find ground supposing intervention federal order secure petitioners constitutional rights either necessary appropriate task district remand decide whether injunction necessary appropriate appellant prayer declaratory relief prevail express view whatever respect appropriateness declaratory relief circumstances case constitutional validity law judgment district reversed case remanded proceedings consistent opinion ordered footnotes penal law superseded identical language election law see laws person shall print publish reproduce distribute quantity order printed published reproduced distributed method handbill pamphlet circular post card placard letter another contains statement notice information allegation material concerning political party candidate committee person proposition amendment state constitution whether favor political party candidate committee person proposition amendment state constitution connection election public officers party officials candidates nomination public office party position proposition amendment state constitution without also printing reproducing thereon legibly english language name address printer thereof person committee whose instance request handbill pamphlet circular post card placard letter printed published reproduced distributed person ordered printing publishing reproduction distribution person committee shall print publish reproduce distribute order printed published reproduced distributed handbill pamphlet circular post card placard letter without also printing publishing reproducing name address thereon violation provisions section shall constitute misdemeanor term printer used section means principal independent contractual relationship responsible directly person committee whose instance request handbill pamphlet circular post card placard letter printed published reproduced distributed principal include person working employed principal opinion people failed establish defendant distributed anonymous literature quantity violation provisions section sic penal law reach question constitutionality statute involved people zwickler sup app term kings county april unreported quoted zwickler koota supp appellee questions statement majority complaint alleges case controversy within adjudicatory power douglas city jeannette notwithstanding statement persuaded light decision abstain majority considered prerequisites declaratory judgment issues fact adjudicated basically question case whether facts alleged circumstances show substantial controversy parties adverse legal interests sufficient immediacy reality warrant issuance declaratory judgment maryland cas pacific coal oil district remand decide whether appellant allegations entitle declaratory judgment constitutional question better practice case raising federal constitutional statutory claim retain jurisdiction rather dismiss see note abstention justice frankfurter doctrine activist era harv rev courts also ordered dismissal compare government civic employees organizing committee cio windsor shipman dupre stainback mo hock ke lok po local marine longshoremen assn battle supp aff per curiam see generally note judicial abstention exercise federal jurisdiction rev new york provides declaratory judgment remedy civ prac see de veau braisted app div dept aff aff thus congress exercise grant art iii cl constitution judicial power shall extend cases law equity arising constitution laws treaties made shall made authority original arising jurisdiction vested federal courts act february stat repealed year later act march stat earlier version judiciary act died committee provided jurisdiction federal courts cases federal jurisdiction whether law equity value five hundred dollars warren new light history federal judiciary act harv rev see generally frankfurter landis business study federal judicial system history federal courts woven history times factors national life came reconstruction factors increased business federal courts enlarged jurisdiction modified expanded structure frankfurter landis supra see also frankfurter distribution judicial power state courts cornell statute granted district courts original cognizance concurrent courts several suits civil nature common law equity matter dispute exceeds exclusive costs sum value five hundred dollars arising constitution laws treaties made shall made authority act march stat see generally hart wechsler federal courts federal system wright federal courts chadbourn levin original jurisdiction federal questions rev forrester federal question jurisdiction section tulane rev forrester nature federal question tulane rev mishkin federal question district courts rev development federal judiciary retrospect seems revolutionary received hardly contemporary comment frankfurter landis supra practically legislative history act see summary history available commentators generally agreed broad grant jurisdiction intended see forrester nature federal question tulane rev mishkin federal question district courts rev say read congressional grant power act equated potential federal jurisdiction found article iii constitution see national mut ins tidewater transfer opinion rutledge shoshone mining rutter five civil rights acts passed see stat stat stat stat stat act april stat presently codified achieved measurable success later years see generally note civil rights act continuing vitality notre dame law see city meridian southern bell tel tel government civic employees organizing committee cio windsor leiter minerals albertson millard shipman dupre stainback mo hock ke lok po american federation labor watson alabama state federation labor mcadory spector motor service mclaughlin chicago fieldcrest dairies see generally wright abstention doctrine reconsidered tex rev note judicial abstention exercise federal jurisdiction rev note abstention justice frankfurter doctrine activist era harv rev note doctrine abstention need reappraisal notre dame law even parties sent state clarification state law federal question may reserved decision district england louisiana state board medical examiners special circumstances found diversity cases see clay sun insurance louisiana power light city thibodaux meredith winter see county allegheny frank mashuda cf note abstention certification diversity suits perfection means confusion goals yale cases cited therein cases involving possible disruption complex state administrative processes see alabama public serv southern burford sun oil cf county allegheny frank mashuda louisiana power light city thibodaux see generally wright federal courts note supra lower held void indefiniteness predecessor statute people clampitt misc spec city thereupon legislature amended statute present form providing offense made whatever literature might printed reproduced might also distributed constitutionality amended statute determined new york courts different constitutional considerations involved attacks vagueness overbreadth see keyishian board regents frequently emphasized abstention ordered unless state statute uncertain nature obviously susceptible limiting construction harman forssenius davis mann baggett bullitt england louisiana state board medical examiners mcneese board education naacp bennett city chicago atchison spector motor service mclaughlin note harv supra note notre dame supra course appellant must establish elements governing issuance declaratory judgment see supra appellant urges allegations refute appellee suggestion motion dismiss ince political literature appellant intended distribute related congressional candidacy abraham multer matter might properly dismissed mootness dispute part issues decided district remand see supra multer since elected new york take office january new york times november discussion issue injunctive relief dombrowski discussion issue abstention justice harlan concurring judgment agree circumstances case district declined adjudicate appellant constitutional claims however constrained uncertainty implications certain portions opinion state views separately repeatedly indicated abstention appropriate order parties repair state clearly serve one two important countervailing interests either avoidance premature perhaps unnecessary decision serious federal constitutional question avoidance hazard unsettling delicate balance area relationships louisiana power light city thibodaux dissenting opinion see generally harrison naacp county allegheny frank mashuda first interests found cases federal constitutional issue might mooted presented different posture state determination pertinent state law see chicago fieldcrest dairies spector motor service mclaughlin alabama state federation labor mcadory second interests found example situations exercise jurisdiction federal disrupt state administrative process burford sun oil interfere collection state taxes toomer witsell otherwise create needless friction enforcement state federal policies louisiana power light city thibodaux supra see also harrison naacp supra agree present situation within none categories district therefore dismissed proceeded judgment issues case particular find statute room state construction might obviate need decision constitutional issue however opinion intended suggest central even principal issue deciding propriety abstention whether complaint alleged overbreadth vagueness respect new york statute question agree reasons three first neither principle ever definitively delimited doctrine built upon supposed differences likely founder lack foundation see generally note doctrine rev second reason suppose case involving allegations overbreadth inevitably inappropriate abstention federal might nonetheless reasonably consider exercise jurisdiction create needless friction state officials louisiana power light city thibodaux supra might reasonably conclude state determination present federal issues different posture county allegheny frank mashuda supra third standard might effect reduce abstention doctrine pleader option fundamental interests served doctrine jettisoned whenever complainant sufficient foresight insert pleading allegation overbreadth see proper alternative careful examination light interests served abstention circumstances case agree substantially reasons given opinion whether injunctive relief might ultimately prove appropriate instance pertinent question stage matter accordingly concur judgment wish emphasize like intimate view whatever upon merits constitutional challenge statute county allegheny frank mashuda supra unlike obtain assistance conclusion ubiquitous slippery chilling effect doctrine appellant might sought state courts declaratory relief asks civ prac given state courts disposition appellant earlier prosecution scarcely maintain courts promptly provide relief entitled absent allegations difficult see doctrine slightest relevance see dombrowski pfister dissenting opinion circumstances apply amorphous doctrine serve chill interests sought maintained abstention