golden
zwickler
argued
january
decided
march
following
reversal
state
law
grounds
appellee
conviction
violating
new
york
statute
distributing
anonymous
handbills
connection
congressional
election
appellee
sought
declaratory
judgment
district
statute
unconstitutional
appellee
alleged
intended
distribute
handbill
similar
anonymous
leaflets
connection
forthcoming
election
alleged
congressman
stand
subsequent
elections
district
abstained
passing
appellee
claim
declaratory
judgment
appeal
held
abstention
error
remanded
case
resolution
declaratory
judgment
issue
zwickler
koota
held
remand
appellee
establish
elements
governing
issuance
declaratory
judgment
noting
relevant
question
congressman
target
appellee
handbills
meanwhile
elected
new
york
remand
district
without
hearing
evidence
existence
elements
governing
issuance
declaratory
judgment
held
essential
elements
relief
existed
hen
action
initiated
immaterial
congressman
candidate
concluded
statute
impinged
appellee
freedom
speech
deterring
distributing
anonymous
handbills
held
field
declaratory
judgments
elsewhere
constitutional
issues
adjudicated
except
actual
cases
presenting
concrete
legal
issues
since
new
york
statute
prohibits
anonymous
handbills
directly
pertaining
election
campaigns
wholly
conjectural
another
occasion
might
arise
appellee
prosecuted
distributing
handbills
referred
complaint
sole
concern
related
congressman
likely
candidate
controversy
lacked
sufficient
immediacy
reality
warrant
issuance
declaratory
judgment
pp
samuel
hirshowitz
first
assistant
attorney
general
new
york
argued
cause
appellant
brief
louis
lefkowitz
attorney
general
brenda
soloff
assistant
attorney
general
emanuel
redfield
argued
cause
filed
brief
appellee
joseph
robison
beverly
coleman
filed
brief
american
jewish
congress
amicus
curiae
urging
affirmance
justice
brennan
delivered
opinion
case
zwickler
koota
held
district
eastern
district
new
york
erred
abstaining
deciding
whether
zwickler
appellee
instant
case
entitled
declaratory
judgment
respecting
constitutionality
new
york
penal
law
new
york
election
law
remanded
district
determination
question
section
made
crime
distribute
anonymous
literature
connection
election
campaign
zwickler
convicted
violating
provision
distributing
anonymous
handbills
connection
congressional
election
conviction
reversed
state
law
grounds
new
york
appellate
term
new
york
appeals
affirmed
filed
memorandum
stated
constitutional
questions
reached
months
thereafter
april
zwickler
brought
suit
complaint
sets
forth
facts
regarding
prosecution
termination
congressman
standing
criticized
anonymous
handbill
opposing
two
amendments
foreign
aid
bill
complaint
alleged
congressman
become
candidate
reelection
political
figure
public
official
many
years
zwickler
desires
intends
distribute
place
previously
done
various
places
said
kings
county
anonymous
leaflet
herein
described
similar
anonymous
leaflets
time
election
campaign
subsequent
election
campaigns
connection
election
party
officials
nomination
public
office
party
position
may
occur
subsequent
said
election
campaign
disclosed
argument
zwickler
koota
congressman
left
house
representatives
place
new
york
deemed
development
relevant
question
whether
prerequisites
issuance
declaratory
judgment
present
noted
however
probably
decision
abstain
parties
addressed
district
adjudicated
question
therefore
directed
remand
appellant
zwickler
must
establish
elements
governing
issuance
declaratory
judgment
see
also
district
hearing
remand
limited
largely
oral
argument
counsel
testimony
taken
concerning
existence
elements
governing
issuance
declaratory
judgment
held
prerequisites
declaratory
judgment
established
facts
alleged
complaint
fact
congressman
original
target
handbills
stand
affect
question
said
attempt
defendant
moot
controversy
thus
abort
declaration
constitutional
invalidity
citing
circumstance
congressman
concerning
zwickler
handbill
published
since
become
new
york
state
justice
must
fail
action
initiated
controversy
genuine
substantial
immediate
even
though
date
election
literature
pertinent
already
passed
fortuitous
circumstance
candidate
relation
whose
bid
office
anonymous
handbill
circulated
vindication
inched
tediously
forward
removed
role
target
handbill
moot
plaintiff
far
broader
right
general
adjudication
unconstitutionality
complaint
prays
see
reason
question
zwickler
assertion
challenged
statute
currently
impinges
upon
freedom
speech
deterring
distributing
anonymous
handbills
interest
well
others
like
anonymity
practise
free
speech
political
environment
persuade
us
justice
plea
supp
district
erred
holding
zwickler
entitled
declaratory
relief
elements
essential
relief
existed
hen
action
initiated
proper
inquiry
whether
controversy
requisite
relief
declaratory
judgment
act
existed
time
hearing
remand
undertake
inquiry
federal
courts
established
pursuant
article
iii
constitution
render
advisory
opinions
adjudication
constitutional
issues
concrete
legal
issues
presented
actual
cases
abstractions
requisite
true
declaratory
judgments
field
public
workers
america
mitchell
difference
abstract
question
controversy
contemplated
declaratory
judgment
act
necessarily
one
degree
difficult
possible
fashion
precise
test
determining
every
case
whether
controversy
basically
question
case
whether
facts
alleged
circumstances
show
substantial
controversy
parties
adverse
legal
interests
sufficient
immediacy
reality
warrant
issuance
declaratory
judgment
maryland
casualty
pacific
coal
oil
enough
say
district
nevertheless
zwickler
far
broader
right
general
adjudication
unconstitutionality
interest
well
others
like
anonymity
practise
free
speech
political
environment
constitutional
question
first
amendment
otherwise
must
presented
context
specific
live
grievance
public
workers
america
mitchell
supra
said
power
courts
ultimately
pass
upon
constitutionality
acts
congress
arises
interests
litigants
require
use
judicial
authority
protection
actual
interference
hypothetical
threat
enough
conclude
zwickler
establish
existence
time
hearing
remand
elements
governing
issuance
declaratory
judgment
therefore
district
dismissed
complaint
accordingly
intimate
view
upon
correctness
district
holding
constitutionality
new
york
statute
judgment
district
reversed
case
remanded
direction
enter
new
judgment
dismissing
complaint
ordered
footnotes
text
handbill
follows
representative
multer
explain
positions
aid
nasser
september
amendment
proposed
foreign
aid
bill
public
law
substance
cut
aid
arab
republic
congressman
multer
spoke
length
amendment
words
urged
defeat
earnestly
stated
position
based
humanitarian
instinct
congressional
record
respect
following
noted
congressman
multer
stand
permits
diversion
funds
dictator
nasser
armaments
buildup
arab
republic
also
recipient
aid
communist
russia
egypt
employing
technical
skills
scientists
formerly
employ
nazis
congressman
multer
debated
amendment
eve
summit
conference
held
cairo
arab
threatening
peace
near
east
state
israel
particular
soviet
foreign
aid
bill
passed
senate
amendment
sponsored
senator
abraham
ribicoff
strongly
condemned
practices
soviet
union
issue
brought
conferees
much
general
statement
decrying
types
religious
bigotry
adopted
representative
multer
praised
watered
measure
house
floor
stated
senate
version
point
finger
directly
soviet
russia
version
finally
adopted
think
much
better
one
believe
instead
pointing
finger
culprit
bar
world
public
opinion
severely
condemned
much
better
congress
go
record
religious
persecution
wherever
may
raise
ugly
head
congressional
record
multer
declaratory
judgment
act
expressly
provides
case
actual
controversy
within
jurisdiction
upon
filing
appropriate
pleading
may
declare
rights
legal
relations
interested
party
seeking
declaration
whether
relief
sought
emphasis
added
former
congressman
term
office
state
justice
years
allegation
complaint
zwickler
might
distribute
anonymous
handbills
relating
party
officials
indicate
otherwise
congressman
held
elective
party
position
district
leader
see