coates city cincinnati argued january decided june cincinnati ohio ordinance making criminal offense three persons assemble sidewalks conduct manner annoying persons passing narrowed construction ohio held violative face due process standard vagueness constitutional right free assembly association pp ohio reversed stewart delivered opinion douglas harlan brennan marshall joined black filed separate opinion post white filed dissenting opinion burger blackmun joined post robert lavercombe argued cause filed brief appellants david nichols argued cause appellee brief william mcclain justice stewart delivered opinion cincinnati ohio ordinance makes criminal offense three persons assemble sidewalks conduct manner annoying persons passing issue us whether ordinance unconstitutional face appellants convicted violating ordinance convictions ultimately affirmed closely divided vote ohio upholding constitutional validity ordinance ohio appeal judgment brought noted probable jurisdiction record brought reviewing courts tells us appellant coates student involved demonstration appellants pickets involved labor dispute throughout litigation appellants position ordinance face violates first fourteenth amendments constitution cf times film chicago rejecting claim affirming convictions ohio give ordinance construction variance apparent plain import language simply stated ordinance prohibits inter alia conduct annoying persons passing word annoying widely used well understood word necessary guess meaning annoying present participle transitive verb annoy means trouble vex impede incommode provoke harass irritate conclude cameron johnson issue vagueness statute presented ordinance clearly precisely delineates reach words common understanding precise narrowly drawn regulatory statute ordinance evincing legislative judgment certain specific conduct proscribed ohio thus relegated best words ordinance three people meet together sidewalk street corner must conduct annoy police officer person happen pass opinion ordinance unconstitutionally vague subjects exercise right assembly unascertainable standard unconstitutionally broad authorizes punishment constitutionally protected conduct conduct annoys people annoy others thus ordinance vague sense requires person conform conduct imprecise comprehensible normative standard rather sense standard conduct specified result men common intelligence must necessarily guess meaning connally general construction said ordinance broad enough encompass many types conduct clearly within city constitutional power prohibit indeed city free prevent people blocking sidewalks obstructing traffic littering streets committing assaults engaging countless forms antisocial conduct enactment enforcement ordinances directed reasonable specificity toward conduct prohibited gregory chicago black concurring constitutionally enactment enforcement ordinance whose violation may entirely depend upon whether policeman annoyed vice ordinance lies alone violation due process standard vagueness ordinance also violates constitutional right free assembly association decisions establish mere public intolerance animosity basis abridgment constitutional freedoms see street new york cox louisiana edwards south carolina terminiello chicago cantwell connecticut schneider state first fourteenth amendments permit state make criminal exercise right assembly simply exercise may annoying people rule right people gather public places social political purposes continually subject summary suspension enforcement prohibition annoying conduct prohibition addition contains obvious invitation discriminatory enforcement whose association together annoying ideas lifestyle physical appearance resented majority fellow citizens ordinance us makes crime constitution crime aimed directly activity protected constitution need lament us details conduct found annoying ordinance face sets standard conduct warns transgression details offense serve validate ordinance details offense charged ordinance suspending unconditionally right assembly free speech judgment reversed footnotes final judgments decrees rendered highest state decision may reviewed follows appeal drawn question validity statute state ground repugnant constitution treaties laws decision favor validity cf chaplinsky new hampshire upheld statute punished offensive derisive annoying words state courts construed statute applying words direct tendency cause acts violence persons individually remark addressed state also said word offensive defined terms particular addressee thinks test men common intelligence understand words likely cause average addressee fight english language number words expressions general consent fighting words said without disarming smile words ordinary men know likely cause fight threatening profane obscene revilings derisive annoying words taken coming within purview statute heretofore interpreted characteristic plainly tending excite addressee breach peace unable say limited scope statute thus construed contravenes constitutional right free expression striking similar ordinance cleveland ohio constitutionally invalid appeals cuyahoga county said written disorderly assembly ordinance used incriminate nearly group individual little effort one imagine many assemblages various times might annoy persons city cleveland anyone become unwitting participant disorderly assembly suffer penalty consequences left police courts decide extent ordinance section applicable neither police citizen hope conduct lawful manner ordinance designed regulate conduct lay ascertainable rules guidelines govern enforcement ordinance represents unconstitutional exercise police power city cleveland therefore void cleveland anderson ohio app striking similar ordinance toledo ohio constitutionally invalid municipal city said provisions sections arrests prosecutions present instance effective edmund pendleton peyton randolph richard henry lee george wythe patrick henry thomas jefferson george washington others loitering congregating front raleigh tavern duke gloucester street williamsburg virginia time summer great annoyance governor dunsmore colonial constables city toledo sims ohio op alleged discriminatory enforcement ordinance figured prominently background serious civil disturbances took place cincinnati june see report national advisory commission civil disorders justice black first agree majority case properly us appeal ohio second long held laws vague person common understanding know forbidden unconstitutional face lanzetta new jersey cohen grocery likewise laws broadly forbid conduct activities protected federal constitution instance discussion political matters void face thornhill alabama hand laws plainly forbid conduct constitutionally within power state forbid also restrict constitutionally protected conduct may void either face merely applied certain instances brother white opinion substantially agree one numerous cases law held unconstitutional prohibits conduct constitution safeguards conduct state may constitutionally punish thus first amendment forbids state abridge freedom speech invalidate city ordinance used punish making political speech even speech annoy persons contrast however ordinance properly applied prohibit gathering persons mouths alleys annoy passersby throwing rocks conduct connected speech matter little difficulty determine law held void face summary action inappropriate difficulty aggravated case record fails show conduct defendants engaged annoy people view record showing facts surrounding conviction essential adjudicate important constitutional issues case therefore vacate judgment remand case instructions trial give parties opportunity supplement record may determine whether conduct actually punished kind conduct within power state punish justice white chief justice justice blackmun join dissenting claim case part cincinnati ordinance vague may constitutionally applied conduct ordinance prohibits persons assembling others conduct ing manner annoying persons passing cincinnati code ordinances man average comprehension know kinds conduct assault blocking passage street annoy others clearly covered annoying conduct standard ordinance frivolous say many kinds conduct within foreseeable reach law possible whole range acts defined unconstitutional imprecision forbidden ordinance general rule criminal charge based conduct constitutionally subject proscription clearly forbidden statute defense law unconstitutionally vague applied behavior statute vague face may vague applied circumstances ruling challenge obviously requires knowledge conduct defendant charged williams police officer charged federal statutes extracting confessions force thus color law depriving prisoner involved rights privileges immunities secured protected constitution laws contrary defendant urged standard rights privileges immunities secured constitution impermissibly vague particularly often closely divided issues defendant expected know violating law response application statute less obvious methods coercion might raise doubts adequacy standard guilt case plain pikestaff present confessions allowed evidence whatever school thought concerning scope meaning due process clause claim facial vagueness thus rejected national dairy considered statute forbidding sales goods unreasonably low prices injure eliminate competitor thought statute gave seller adequate notice sales cost illegal statute therefore facially vague although might difficult tell whether certain kinds conduct fell within language said determining sufficiency notice statute must necessity examined light conduct defendant charged see also harriss approach consistent host cases holding one application statute constitutional heard attack statute ground impliedly might also taken applying persons situations application might unconstitutional raines cases cited cases however including national dairy recognize different approach statute issue purports regulate proscribe rights speech press protected first amendment see robel keyishian board regents kunz new york although statute may neither vague overbroad otherwise invalid applied conduct charged particular defendant permitted raise vagueness unconstitutional overbreadth applied others law found deficient one respects may applied either unless satisfactory limiting construction placed statute dombrowski pfister statute effect stricken face result deemed justified since otherwise continued existence statute unnarrowed form tend suppress constitutionally protected rights see national dairy supra even accepting overbreadth doctrine respect statutes clearly reaching speech cincinnati ordinance purport bar regulate speech prohibits persons assembling conduct ing manner annoying persons even assembled defendants case demonstrating picketing long recognized picketing solely communicative endeavor aspects state entitled regulate even though incidental impact speech cox louisiana held valid face statute forbidding picketing parading near courthouse deemed valid regulation conduct rather pure speech conduct reached statute subject regulation even though intertwined expression association went consider statute applied facts record case us deal cincinnati ordinance ordinary criminal statute ordinance clearly reaches certain conduct may illegally vague respect conduct statute infirm face since information record conduct charged defendants position judge statute applied ordinance may confer wide discretion wide range circumstances irrelevant may dealing conduct core therefore affirm judgment ohio