mills alabama argued april decided may appellant birmingham alabama newspaper editor arrested complaint violating alabama corrupt practices act writing publishing election day editorial urging adoption election form government section proscribes electioneering soliciting votes election day proposition candidate involved election trial sustained demurrers grounds statute violated state federal free speech guarantees alabama holding statutory restriction reasonable within field reasonableness reversed remanded case trial held jurisdiction appeal notwithstanding remand case alabama judgment final within meaning appellant conviction subsequent trial inevitable view ruling alabama statute constitutional appellant concession wrote published editorial pp state statute making crime newspaper editor publish editorial election day urging people vote particular way flagrantly violates first amendment applied fourteenth major purpose protect free discussion governmental affairs pp kenneth perrine alfred swedlaw argued cause filed brief appellant leslie hall assistant attorney general alabama burgin hawkins argued cause appellee brief richmond flowers attorney general briefs amici curiae urging reversal filed james barton alabama press association et charles morgan melvin wulf erskine smith american civil liberties union et al justice black delivered opinion question squarely presented whether state consistently constitution make crime editor daily newspaper write publish editorial election day urging people vote certain way issues submitted november birmingham alabama held election people decide whether preferred keep existing city commission form government replace government election day birmingham daily newspaper carried editorial written editor appellant james mills strongly urged people adopt form government mills later arrested complaint charging publishing editorial election day violated alabama corrupt practices act code tit makes crime electioneering solicit votes support opposition proposition voted day election affecting candidates propositions held trial sustained demurrers complaint grounds state statute abridged freedom speech press violation alabama constitution first fourteenth amendments constitution appeal state alabama held publication editorial election day undoubtedly violated state law went reverse trial holding state statute applied unconstitutionally abridge freedom speech press recognizing state law limit restrict speech press state nevertheless sustained valid exercise state police power chiefly said press restriction everything considered within field reasonableness unreasonable limitation upon free speech includes free press case appeal state moved dismiss appeal ground alabama judgment final judgment therefore appealable state argues since alabama remanded case trial proceedings inconsistent opinion include trial judgment considered final argument surface plausibility since true judgment state literally end case however render judgment binding upon trial must convict mills state statute wrote published editorial mills concedes therefore defense alabama trial thus case goes back trial trial far record shows formal gestures leading inexorably towards conviction another appeal alabama formally repeat rejection mills constitutional contentions whereupon case wind weary way back us judgment unquestionably final appealable roundabout process inexcusable delay benefits congress intended grant providing appeal also result completely unnecessary waste time energy judicial systems already troubled delays due congested dockets language construed pope atlantic coast line require result leading consequences see also construction laborers curry richfield oil state board following cases hold jurisdiction ii come merits first amendment applies fourteenth prohibits laws abridging freedom speech press question whether abridges freedom press state punish newspaper editor publishing editorial election day urging people vote particular way election point question way involves extent state power regulate conduct around polls order maintain peace order decorum sole reason charge mills violated law wrote published editorial election day urging birmingham voters cast votes favor changing form government whatever differences may exist interpretations first amendment practically universal agreement major purpose amendment protect free discussion governmental affairs course includes discussions candidates structures forms government manner government operated operated matters relating political processes constitution specifically selected press includes newspapers books magazines also humble leaflets circulars see lovell griffin play important role discussion public affairs thus press serves designed serve powerful antidote abuses power governmental officials constitutionally chosen means keeping officials elected people responsible people selected serve suppression right press praise criticize governmental agents clamor contend change editorial muzzles one agencies framers constitution thoughtfully deliberately selected improve society keep free alabama corrupt practices act providing criminal penalties publishing editorials one silences press time effective difficult conceive obvious flagrant abridgment constitutionally guaranteed freedom press admitting state law restricted newspaper editor freedom publish editorials election day alabama nevertheless sustained constitutionality law ground restrictions press reasonable restrictions least within field reasonableness reached conclusion thought law imposed minor limitation press restricting election days thought law served good purpose said salutary legislative enactment protects public confusive charges countercharges distribution propaganda effort influence voters election day practical matter lack time matters answered truth determined election judgment alabama reversed case remanded proceedings inconsistent opinion ordered footnotes another good reason voters vote overwhelmingly today favor government hanes arrogance proposes set news censor city hall win lose today says instruct city employees neither give news regarding public business entrusted discuss reporters either news mayor hanes displays arrogant disregard public right know eve election expect future city commission retained let take chances birmingham people birmingham deserve better break vote government give corrupt practices elections enumerated defined corrupt practice person election day intimidate attempt intimidate elector election officers obstruct hinder attempt obstruct hinder prevent attempt prevent forming lines voters awaiting opportunity time enter election booths hire let hire automobile conveyance purpose conveying electors polls electioneering solicit votes promise cast votes election nomination candidate support opposition proposition voted day election affecting candidates propositions held code tit section provides part final judgments decrees rendered highest state decision may reviewed case instituted three years ago jurisdiction refused know take another three years get constitutional question finally determined justice douglas justice brennan joins concurring although join opinion think appropriate add words finality judgment reverse today particularly view observation separate opinion justice harlan limitations jurisdiction respected turned pleasure members suit convenience litigants decision alabama approved law view blatant violation freedom press threat penal sanctions told already taken toll alabama alabama press association southern newspaper publishers association amici curiae tell us since november editorial comment election day nonexistent alabama chilling effect prosecution thus anything hypothetical currently experienced newspapers people alabama deal rights free speech press basic form right express views matters electorate light appellant concession defense offer case go trial compare pope atlantic coast line richfield oil state board considering importance first amendment rights stake litigation require regard remote theoretical interests federalism conclude lacks jurisdiction unlikely possibility jury might disregard trial judge instructions acquit indeed even appellant unwilling concede defense apart constitutional question charges warranted reviewing case result follows fortiori holdings first amendment rights jeopardized state prosecution nature threatens deter others exercising first amendment rights federal take extraordinary step enjoining state prosecution dombrowski pfister cameron johnson already noted case brought editorial comment election day halt throughout state alabama observation naacp button grim relevance threat sanctions may deter exercise first amendment rights almost potently actual application sanctions reasons reasons stated opinion conclude judgment final california stewart state reversed criminal conviction federal grounds ruled motion dismiss state may obtain review even though new trial remained held reached conclusion otherwise state permanently precluded raising federal question state law permitting prosecution appeal acquittal see construction laborers curry mercantile national bank langdeau separate opinion justice harlan opinion appellant final state judgment therefore ed jurisdiction entertain appeal republic natural gas oklahoma cf parr although demurrer criminal complaint overruled highest state appellant still faces trial charges jury fails convict possibility unless courtroom antennae former trial lawyer become dulled years bench means remote case unusual one constitutional issue decided prematurely adjudicated even one mistaken thinking jury might well take bit teeth acquit despite alabama ruling demurrer appellant admitted authorship editorial question federal statute nonetheless commands us adjudicate issue decided prosecution run final course state courts adversely appellant although course much said favor deciding constitutional issue sides indicated desire continue believe constitutionally permissible limitations jurisdiction contained undoubtedly respected turned pleasure members suit convenience litigants traditional federal policy finality changed congress body dismiss appeal want jurisdiction since decided otherwise however feel warranted making summary statement views merits case agree decision stand rest reversal ground relevant provision alabama statute electioneering solicit votes election day support opposition proposition voted day election affecting candidates propositions held give appellant particularly context rest statute ante absence relevant authoritative state judicial decision fair warning publication editorial kind reached foregoing provisions alabama corrupt practices act see winters new york deem broader holding unnecessary oral argument appellant counsel conceded jury trial still obtainable see code tit tit recomp might result acquittal compare construction laborers curry mercantile national bank langdeau three cases cited ante fall short supporting finality judgment us none involved jury trials instance case returned lower posture practical matter remained done enter judgment done today ever erodes final judgment rule