button argued november decided january petitioner sued federal district enjoin enforcement virginia statute ground applied statute violated fourteenth amendment district abstained passing validity statute pending authoritative interpretation state courts retained jurisdiction petitioner applied state binding adjudication claims permanent injunction declaratory relief made reservation disposition entire case state courts state trial held statute constitutional applicable petitioner decision affirmed virginia appeals petitioner petitioned writ certiorari review decision virginia appeals granted certiorari held district reservation jurisdiction purely formal impair jurisdiction review otherwise final state judgment judgment final within meaning case properly pp chapter virginia acts assembly extra sess amended former statutes defining punishing malpractice attorneys broaden definition solicitation legal business include acceptance employment compensation person organization party judicial proceeding pecuniary right liability also made offense person organization solicit business attorney petitioner corporation whose major purpose elimination racial discrimination sued state enjoin enforcement chapter declaratory judgment applied petitioner affiliates officers members attorneys retained paid litigants might give assistance cases involving racial discrimination chapter violated fourteenth amendment found petitioner state conference formed legal staff direct actions pertaining racial discrimination urged institution suits challenge racial discrimination offered services attorneys selected paid affiliates affiliates controlled conduct litigation held activities petitioner affiliates legal staff shown record modes expression association protected first fourteenth amendments virginia may prohibit power regulate legal profession improper solicitation legal business violative chapter canons professional ethics pp although petitioner corporation may assert right members lawyers associate purpose assisting persons seek legal redress infringement constitutionally guaranteed rights abstract discussion species communication constitution protects first amendment also protects vigorous advocacy certainly lawful ends governmental intrusion context petitioner objectives litigation means resolving private differences form political expression means achieving lawful objectives equality treatment governments federal state local members negro community pp order find constitutional protection kind cooperative organizational activity disclosed record necessary subsume activity narrow literal conception freedom speech petition assembly longer doubt first fourteenth amendments protect certain forms orderly group activity pp chapter authoritatively construed virginia appeals person advises another legal rights infringed refers particular attorney group attorneys assistance committed crime attorney knowingly renders assistance circumstances thus inheres statute gravest danger smothering discussion looking eventual institution litigation behalf rights negroes construed chapter violates fourteenth amendment unduly inhibiting protected freedoms expression association pp answer constitutional claims asserted petitioner say virginia appeals purpose statute merely insure high professional standards curtail freedom expression state may guise prohibiting professional misconduct ignore constitutional rights pp however valid may virginia interest regulating traditionally illegal practices barratry maintenance champerty interest justify prohibition petitioner activities disclosed record pp resort courts seek vindication constitutional rights different matter oppressive malicious avaricious use legal process purely private gain pp although petitioner amply shown activities fall within protection first amendment state failed advance substantial regulatory interest form substantive evils flowing petitioner activities justify broad prohibitions imposed robert carter reargued cause petitioner briefs frank reeves henry wickham reargued cause respondents brief david mays justice brennan delivered opinion case originated companion suits national association advancement colored people naacp naacp legal defense educational fund defense fund brought district eastern district virginia suits sought restrain enforcement chapters virginia acts assembly extra session ground statutes applied activities plaintiffs violated fourteenth amendment convened pursuant hearing evidence making struck chapters abstained passing upon validity chapters pending authoritative interpretation statutes virginia courts complainants thereupon petitioned circuit city richmond declare chapters inapplicable activities applicable unconstitutional record circuit made supplemented additional evidence circuit held chapters applicable constitutional holding sustained virginia appeals chapter reversed chapter held unconstitutional state federal law thereupon defense fund returned federal district case presently pending naacp filed instant petition granted certiorari heard argument term ordered reargument term since filed review appeals disposition chapter issue us constitutionality chapter applied activities naacp substantial dispute facts dispute centers constitutionality fourteenth amendment chapter construed applied virginia appeals include naacp activities within statute ban improper solicitation legal professional business naacp formed incorporated new york law nonprofit membership corporation maintains headquarters new york presently active unincorporated branches throughout nation corporation licensed business virginia branches virginia branches organized virginia state conference naacp branches conference unincorporated association members activities conference financed jointly national organization local branches contributions membership dues naacp policy binding upon local branches conferences set annual national convention basic aims purposes naacp secure elimination racial barriers deprive negro citizens privileges burdens equal citizenship rights end association engages extensive educational lobbying activities also devotes much funds energies extensive program assisting certain kinds litigation behalf declared purposes years virginia conference concentrated upon financing litigation aimed ending racial segregation public schools commonwealth conference ordinarily finance cases assisted litigant retains naacp staff lawyer represent conference maintains legal staff attorneys negroes members naacp staff elected conference annual convention legal staff member must agree abide policies naacp insofar pertain professional services limit kinds litigation naacp assist thus naacp underwrite ordinary damages actions criminal actions defendant raises question possible racial discrimination suits plaintiff seeks separate equal rather fully desegregated public school facilities staff decides whether litigant may may naacp member entitled naacp assistance conference defrays expenses litigation assisted case usually although always pays lawyer case per diem fee exceed plus expenses assisted litigant receives money conference staff lawyers staff member may accept litigant source compensation services case none staff receives salary retainer naacp per diem fee paid professional services particular case per diem payment smaller compensation ordinarily received equivalent private professional work actual conduct assisted litigation control attorney although naacp continues concerned outcome lawsuit consistent naacp policies already described client free time withdraw action members legal staff virginia conference naacp defense fund lawyers called staff assist drawn litigation various ways one aggrieved negro apply directly conference legal staff assistance application referred chairman legal staff chairman concurrence president conference authorized agree give legal assistance appropriate case litigation involving public school segregation procedure tends different typically local naacp branch invite member legal staff explain meeting parents children legal steps necessary achieve desegregation staff member bring printed forms meeting authorizing naacp defense fund attorneys designation represent signers legal proceedings achieve desegregation occasion blank forms signed litigants upon understanding member members legal staff without assistance naacp lawyers defense fund handle case usual obtaining authorizations staff lawyer bring case staff members area suit brought sometimes bring lawyers national organization defense fund effect prospective litigant retains much particular attorney firm naacp defense fund lawyers corporate reputation expertness presenting arguing difficult questions law frequently arise civil rights litigation meetings sometimes prompted letters bulletins conference urging active steps fight segregation conference occasion distributed local branches petitions desegregation signed parents filed local school boards advised branch officials obtain petitioners persons willing go way possible litigation may ensue conference ways encourages bringing lawsuits plaintiffs particular actions far appears make decisions become statutory regulation unethical nonprofessional conduct attorneys force virginia since provisions outlaw inter alia solicitation legal business form running capping prior however attempt made proscribe regulations activities naacp carried openly many years substantially manner described however legislature amended addition chapter provisions virginia code forbidding solicitation legal business runner capper include definition runner capper agent individual organization retains lawyer connection action party pecuniary right liability virginia appeals held chapter purpose strengthen existing statutes control evils solicitation legal business held activities naacp virginia conference defense fund lawyers furnished fell within constitutionally proscribed chapter expanded definition improper solicitation legal business also violated canons american bar association canons professional ethics adopted specifically held expanded definition activities part naacp virginia conference defense fund constituted fomenting soliciting legal business parties pecuniary right liability channel enrichment certain lawyers employed cost litigants litigants control finally restated decree richmond circuit excerpted pertinent portion holding margin jurisdictional question must first resolved whether judgment final within meaning federal district retained jurisdiction case authoritative construction chapters sought virginia courts cf chicago fieldcrest dairies question jurisdiction arises case last observed abstention secure state interpretation course involve abdication district federal jurisdiction postponement exercise harrison naacp meant simply district properly retained jurisdiction since party right return district obtaining authoritative state construction abstained final determination claim however party remitted state courts elects seek complete final adjudication rights state courts district reservation jurisdiction purely formal impair jurisdiction review directly otherwise final state judgment lassiter northampton county bd elections think clear petitioner made election instant case seeking richmond circuit binding adjudication claims permanent injunction well declaratory relief making reservation disposition entire case state courts coming directly certiorari therefore judgment virginia appeals final case properly us ii petitioner challenges decision appeals many grounds reach one chapter construed applied abridges freedoms first amendment protected state action fourteenth specifically petitioner claims chapter infringes right naacp members lawyers associate purpose assisting persons seek legal redress infringements constitutionally guaranteed rights think petitioner may assert right behalf though corporation directly engaged activities claimed constitutionally protected statute curtail cf grosjean american press also think petitioner standing assert corresponding rights members see naacp alabama ex rel patterson bates city little rock louisiana ex rel gremillion naacp reverse judgment virginia appeals hold activities naacp affiliates legal staff shown record modes expression association protected first fourteenth amendments virginia may prohibit power regulate legal profession improper solicitation legal business violative chapter canons professional ethics meet outset contention solicitation wholly outside area freedoms protected first amendment contention two answers first state foreclose exercise constitutional rights mere labels second abstract discussion species communication constitution protects first amendment also protects vigorous advocacy certainly lawful ends governmental intrusion thomas collins herndon lowry cf cantwell connecticut stromberg california terminiello chicago context naacp objectives litigation technique resolving private differences means achieving lawful objectives equality treatment government federal state local members negro community country thus form political expression groups find unable achieve objectives ballot frequently turn courts true opponents new deal legislation example less true negro minority today conditions modern government litigation may well sole practicable avenue open minority petition redress grievances need order find constitutional protection kind cooperative organizational activity disclosed record whereby negroes seek lawful means achieve legitimate political ends subsume activity narrow literal conception freedom speech petition assembly longer doubt first fourteenth amendments protect certain forms orderly group activity thus affirmed right engage association advancement beliefs ideas naacp alabama supra deemed privileged certain circumstances efforts union official organize workers thomas collins supra said sherman act apply certain concerted activities railroads least insofar activities comprised mere solicitation governmental action respect passage enforcement laws construction sherman act raise important constitutional questions specifically first amendment questions eastern presidents conference noerr motor freight refused countenance compelled disclosure person political associations language closely applicable instant case form government built premise every citizen shall right engage political expression association right enshrined first amendment bill rights exercise basic freedoms america traditionally media political associations interference freedom party simultaneously interference freedom adherents political ideas channeled programs two major parties history amply proved virtue political activity minority dissident groups sweezy new hampshire plurality opinion cf de jonge oregon concern impact enforcement chapter upon first amendment freedoms start course decree appeals although action one basically declaratory relief expounded purpose reach chapter held concretely certain petitioner activities certain others violated chapter activities explored detail trial spread plainly record doubt opinion appeals instant case intended full authoritative construction chapter applied detailed factual context construction binds us us words virginia highest words statute hebert louisiana left speculate large upon possible implications bare statutory language follow task decide whether activities petitioner deemed unlawful appeals constitutionally privileged line drawn decree permitted prohibited activities naacp members lawyers ambiguous one presume statute curtails constitutionally protected activity little possible standards permissible statutory vagueness strict area free expression see smith california winters new york herndon lowry stromberg california rutledge concurring furthermore instant decree may invalid prohibits privileged exercises first amendment rights whether record discloses petitioner engaged privileged conduct appraising statute inhibitory effect upon rights hesitated take account possible applications statute factual contexts besides bar thornhill alabama winters new york supra cf staub city baxley makes difference instant case criminal prosecution based refusal comply licensing requirement objectionable quality vagueness overbreadth depend upon absence fair notice criminally accused upon unchanneled delegation legislative powers upon danger tolerating area first amendment freedoms existence penal statute susceptible sweeping improper application cf marcus search warrant freedoms delicate vulnerable well supremely precious society threat sanctions may deter exercise almost potently actual application sanctions cf smith california supra speiser randall first amendment freedoms need breathing space survive government may regulate area narrow specificity cantwell connecticut read decree virginia appeals instant case proscribing arrangement prospective litigants advised seek assistance particular attorneys narrower reading plausible accept reading suggested behalf attorney general virginia second oral argument appeals construed chapter proscribing control actual litigation naacp instituted first place upon record devoid evidence interference naacp actual conduct litigation neglect harassment clients nevertheless held petitioner members agents staff attorneys practiced criminal solicitation thus simple referral recommendation lawyer may solicitation within meaning chapter second place decree seem rest fact attorneys organized staff paid petitioner decree expressly forbids solicitation behalf particular attorneys addition attorneys retained compensated naacp third place although chapter purports prohibit solicitation attorneys agents defines agent broadly anyone represents another dealings third person since statute appears depart concept agency relationship since virginia clarify statutory definition say applied broad sweep statutory language imports conclude chapter authoritatively construed appeals person advises another legal rights infringed refers particular attorney group attorneys example virginia conference legal staff assistance committed crime attorney knowingly renders assistance circumstances thus inheres statute gravest danger smothering discussion looking eventual institution litigation behalf rights members unpopular minority lawyers legal staff even mere naacp members sympathizers understandably hesitate naacp meeting occasion decree purports allow namely acquaint persons believe legal rights advise assert rights commencing prosecuting suit lawyers members sympathizers also appeared connection litigation supported naacp funds contributed provision decree naacp prohibited contributing money persons assist commencing prosecuting suits plainly risk lawyers disbarment proceedings lawyers nonlawyers alike criminal prosecution offense solicitation virginia gave broad uncertain meaning makes difference whether prosecutions proceedings actually commenced enough vague broad statute lends selective enforcement unpopular causes close eyes fact militant negro civil rights movement engendered intense resentment opposition politically dominant white community virginia litigation assisted naacp bitterly fought circumstances statute broadly curtailing group activity leading litigation may easily become weapon oppression however evenhanded terms appear mere existence well freeze existence activity behalf civil rights negro citizens apparent therefore chapter construed limits first amendment freedoms said thomas collins free trade ideas means free trade opportunity persuade action merely describe facts thomas convicted delivering speech connection impending union election national labor relations board auspices without first registered labor organizer urged workers exercise rights national labor relations act join union represented held registration requirement applied activities constitutionally invalid instant case members naacp urged negroes aggrieved allegedly unconstitutional segregation public schools virginia exercise legal rights retain members association legal staff like thomas association members advocating lawful means vindicating legal rights hold chapter construed violates fourteenth amendment unduly inhibiting protected freedoms expression association holding reject two contentions respondents first virginia appeals guaranteed free expression expressly confirming petitioner right continue advocacy litigation light whole decree guarantee purely speculative value construed chapter least potentially prohibits every cooperative activity make advocacy litigation meaningful internal tension proscription protection statute assume subsequent enforcement ambiguities resolved favor adequate protection first amendment rights broad prophylactic rules area free expression suspect see near minnesota shelton tucker louisiana ex rel gremillion naacp cf schneider irvington precision regulation must touchstone area closely touching precious freedoms second contention virginia subordinating interest regulation legal profession embodied chapter justifies limiting petitioner first amendment rights specifically virginia contends naacp activities furtherance litigation improper solicitation state statute fall within traditional purview state regulation professional conduct however state attempt equate activities naacp lawyers barratry maintenance champerty outlaw accordingly obscure serious encroachment worked chapter upon protected freedoms expression decisions consistently held compelling state interest regulation subject within state constitutional power regulate justify limiting first amendment freedoms thus answer constitutional claims asserted petitioner say virginia appeals said purpose regulations merely insure high professional standards curtail free expression state may guise prohibiting professional misconduct ignore constitutional rights see schware board bar examiners konigsberg state bar cf sawyer naacp alabama ex rel patterson said domain indispensable liberties whether speech press association decisions recognize abridgment rights even though unintended may inevitably follow varied forms governmental action later bates little rock said significant encroachment upon personal liberty state may prevail upon showing subordinating interest compelling recently louisiana ex rel gremillion naacp reaffirmed principle regulatory measures matter sophisticated employed purpose effect stifle penalize curb exercise first amendment rights however valid may virginia interest regulating traditionally illegal practices barratry maintenance champerty interest justify prohibition naacp activities disclosed record malicious intent essence offenses fomenting stirring litigation whatever may may true suits government countries exercise case first amendment rights enforce constitutional rights litigation matter law deemed malicious even modern subtler regulations unprofessional conduct interference professional relations involving malice touch activities bar regulations reflect hostility stirring litigation aimed chiefly urge recourse courts private gain serving public interest hostility still exists stirring private litigation promotes use legal machinery oppress example sow discord family expose infirmities land titles hunting claims adverse possession harass large companies multiplicity small claims oppress debtors seeking unsatisfied judgments member bar participate directly intermediaries misuses legal process conduct traditionally condemned injurious public beyond lawyer attempt reap gain urging another engage private litigation also condemned seems import canon virginia appeals adopted one rules objection intervention lay intermediary may control litigation otherwise interfere rendering legal services confidential relationship also derives element pecuniary gain fearful dangers thought arise element courts several sustained regulations aimed activities intimate view one way merits decisions respect particular arrangements directed enough superficial resemblance form arrangements bar obscure vital fact entire arrangement employs constitutionally privileged means expression secure constitutionally guaranteed civil rights showing serious danger professionally reprehensible conflicts interest rules solicitation frequently seek prevent partly monetary stakes involved danger attorney desert subvert paramount interests client enrich outside sponsor aims interests naacp shown conflict members nonmember negro litigants compare naacp alabama ex rel patterson said naacp members every practical sense identical association provides constitution ny person accordance principles policies may become member medium individual members seek make effective expression views see also harrison naacp conclude although petitioner amply shown activities fall within first amendment protections state failed advance substantial regulatory interest form substantive evils flowing petitioner activities justify broad prohibitions imposed nothing record shows nature purpose naacp activities permits inference injurious intervention control litigation constitutionally authorize application chapter activities fortiori nothing record justifies breadth vagueness virginia appeals decree final observation order disposition rested first amendment absorbed fourteenth reach considerations race racial discrimination predicate petitioner challenge statute equal protection clause petitioner happens engaged activities expression association behalf rights negro children equal opportunity constitutionally irrelevant ground decision course decisions first amendment area makes plain protections apply fully arouse society objectives petitioner see near minnesota terminiello chicago kunz new york constitution protects expression association without regard race creed political religious affiliation members group invokes shield truth popularity social utility ideas beliefs offered reversed footnotes naacp harrison chapter codified et code virginia repl vol prohibits advocacy suits commonwealth giving assistance financial otherwise suits certiorari first granted sub nom naacp gray litigation began sub nom naacp patty attorney general virginia course litigation names successive holders office substituted party respondent see rule par amended however record contains two instances negro litigants retained attorneys legal staff prior seeking financial assistance conference conference rendered substantial financial assistance cases one case conference paid attorney fee defense fund involved present phase litigation companion body naacp also nonprofit new york corporation licensed business virginia general purposes policies naacp fund maintains legal staff new york city retains regional counsel elsewhere one virginia social scientists law professors law students throughout country donate services fund without compensation requested naacp defense fund provides assistance form legal research counsel seven persons plaintiffs virginia public school suits testify unaware status plaintiffs ignorant nature purpose suits parties appear however naacp responsible involvement litigation plaintiffs testified attended meetings parents without grasping meaning discussions signed authorizations either without reading without understanding thereafter paid heed frequent meetings parents called keep abreast legal developments also testified accustomed read newspapers listen radio thus seem little grasp going communities two seven plaintiffs persuaded sign authorizations children picked forms naacp meetings five plaintiffs prince edward county school litigation persons joined plaintiffs see naacp patty supp code virginia amended acts ex repl vol read pertinent part follows amendments italics appeals record state observes complaint verified affidavit made person malpractice unlawful dishonest unworthy corrupt unprofessional conduct part attorney person practicing law duly licensed practice state shall deems case proper one action issue rule attorney person show cause license practice law shall revoked suspended upon hearing defendant found guilty license practice law state shall revoked suspended time may prescribe provided lieu revocation suspension may discretion reprimand attorney malpractice unlawful dishonest unworthy corrupt unprofessional conduct used section shall construed include improper solicitation legal professional business employment either directly indirectly acceptance employment retainer compensation costs person partnership corporation organization association knowledge person partnership corporation organization association violated provision article chapter failure without sufficient cause within reasonable time demand attorney law pay deliver person entitled thereto money security property come hands attorney provided however nothing contained article shall construed way prohibit attorney accepting employment defend person partnership corporation organization association accused violating provisions article chapter runner capper person corporation partnership association acting manner capacity agent attorney law within state person partnership corporation organization association employs retains compensates attorney law connection judicial proceeding person partnership corporation organization association party pecuniary right liability solicitation procurement business attorney person partnership corporation organization association connection judicial proceedings attorney person partnership corporation organization association employed retained compensated fact person partnership corporation organization association party judicial proceeding shall authorize runner capper solicit procure business person partnership corporation organization association attorney law employed retained compensated person partnership corporation organization association agent one represents another dealing third person persons shall unlawful person corporation partnership association act runner defined solicit business attorney law person partnership corporation organization association state prisons county jails city jails city prisons places detention persons city receiving hospitals city county receiving hospitals county hospitals police courts county courts municipal courts courts record public institution public place upon public street highway private hospitals sanitariums private institution upon private property character whatsoever code virginia amended repl vol provide penalty violation person corporation partnership association violating provisions article shall guilty misdemeanor shall punishable fine less one hundred dollars five hundred dollars imprisonment less one month six months fine imprisonment injunction running capping soliciting maintenance commonwealth attorney person firm corporation claim damage property damages personal injuries death resulting therefrom asserted may maintain suit equity person solicited employment induced another solicit encourage employment person firm partnership association acted another capacity runner capper stirring litigation way constitute maintenance whether solicitation successful enjoin permanently restrain person agents representatives principals soliciting claims person firm corporation subsequent date injunction pp xxxv canon reads part follows intermediaries professional services lawyer controlled exploited lay agency personal corporate intervenes client lawyer lawyer responsibilities qualifications individual avoid relations direct performance duties interest intermediary lawyer relation client personal responsibility direct client charitable societies rendering aid indigent deemed intermediaries canon reads follows aiding unauthorized practice law lawyer shall permit professional services name used aid make possible unauthorized practice law lay agency personal corporate solicitation legal business appellants officers members affiliates voluntary workers attorneys shown evidence violates chapter canons legal ethics attorneys accept employment appellants represent litigants suits solicited appellants associated violating chapter canons legal ethics appellants associated may prohibited acquainting persons believe legal rights advising assert rights commencing prosecuting suit commonwealth virginia department agency political subdivision thereof person acting officer employee advising persons commence prosecute suits appellants associated shall solicit legal business attorneys particular attorneys appellants associated may prohibited contributing money persons assist commencing prosecuting suits solicited appellants associated channeled attorneys attorneys petitioner also claims chapter construed denies equal protection laws arbitrary irrational deprive petitioner property without due process law unclear immaterial whether virginia opinion read holding naacp activities violated canons violated chapter reinforcing holding chapter violated finding independent violation canons holding petitioner activities constitutionally protected applies equally whatever source virginia attempted prohibition murphy south counterattacks laws pol see bentley process government study social pressures rosenblum law political instrument peltason federal courts political process truman governmental process political interests public opinion vose national consumers league brandeis brief midw pol sci comment private group action fight civil liberties yale cf opinion committee professional ethics grievances american bar association ruling liberty league program assisting litigation challenging new deal legislation constitute unprofessional conduct amsterdam note doctrine rev see naacp patty supp davis county school board supp rev grounds sub nom allen county school board cir muse virginia massive resistance passim see county school bd thompson cir conduct defendant termed clear manifestation attitude intransigence james duckworth supp aff cir allen county school cir allen county school supp litigation virginia recent years litigation challenging public school segregation sheer mass related litigation indication intensity struggle alexandria jones school supp jones school cir arlington county school bd thompson cir thompson county school supp supp supp cir race rel race rel race rel hamm school bd arlington cir cir charlottesville school bd allen cir allen school race rel race rel race rel race rel cir supp dodson school cir dillard school cir fairfax county blackwell fairfax school race rel floyd county walker floyd school race rel race rel grayson county goins county school supp cir norfolk beckett school race rel supp race rel cir cir supp supp farley turner cir hill school cir james duckworth supp cir adkinson school bd newport news race rel adkins school bd newport news supp race rel cir harrison day james almond supp prince edward county davis school bd prince edward race rel supp supp allen school supp cir cir race rel supp southern school news pulaski county crisp pulaski school race rel richmond calloway farley race rel warden richmond school race rel warren county kilby county school race rel county school bd kilby cir despite volume litigation virginia negro public school pupils attend school whites southern school news see blackstone commentaries see generally radin maintenance champerty cal rev see commonwealth mcculloch mass brown beauchamp mon perkins criminal law note race rel earliest regulation solicitation legal business england aimed practice whereby holders claims land conveyed great feudal lords used power influence harass titleholders see winfield history conspiracy abuse legal procedure see comment critical analysis rules solicitation lawyers chi rev truly arrangements involving solicitation legal business frequently upheld see ades supp md lawyer volunteering services litigant without asked held unprofessional important issues stake gunnels atlanta bar arrangement whereby local bar association publicly offered represent free charge persons victimized usurers upheld particular pertinence instant case opinion supra note national lawyers committee formed auspices liberty league committee proposed prepare disseminate public media communications opinions constitutionality state federal legislation appears particularly new deal legislation offer counsel without fee charge anyone financially unable retain counsel felt legislation violating constitutional rights aba committee professional ethics grievances upheld arrangement opinion opinions committee professional ethics grievances american bar association see comment rev also example american civil liberties union many years furnished counsel many cases many different parts country without governmental interference although intervention mostly form amicus curiae briefs occasionally counsel employed union appears directly behalf litigant see comment private group action fight civil liberties yale aclu report civil liberties pp see encouraging divorce litigation ground disbarment suspension ground disciplinary action attorney see backus byron see matter clark gammons johnson see petition hubbard app see xxix following american bar association canons professional ethics unprofessional lawyer volunteer advice bring lawsuit except rare cases ties blood relationship trust make duty disreputable breed litigation seeking claims personal injuries grounds action order secure clients employ agents runners like purposes see people ex rel courtney association real estate association contest constitutionality tax statutes parties association attorneys large sums money stake matter maclub america mass motorists association recommended paid fees lawyers prosecute defend claims behalf motorist members see also people ex rel chicago bar assn chicago motor club one aspect lay intermediary problem involved absence evidence palpable control interference arrangement adopted brotherhood railroad trainmen union members claims federal employers liability act induced retain lawyers selected brotherhood make contingent fee agreements lawyers arrangement struck several state courts courts condemned arrangement appeared practical effect confer monopoly fela legal business upon lawyers chosen brotherhood courts also saw tending empower brotherhood exclude lawyers participation lucrative practice cause loyalties lawyers divided union clients hildebrand state bar cal doughty grills app brotherhood railroad trainmen see student symposium rev stan rev decisions vigorously criticized see traynor dissenting hildebrand supra drinker legal ethics compare opinion supra question presented implications involves problems political social economic character long since assumed proportions national issues one side multitudes patriotic citizens aligned issues transcend range professional ethics improper competition among lawyers one important considerations relied upon justify regulations solicitation see note advertising solicitation legal ethics vand rev justice douglas concurring join opinion add words virginia act applied across board groups use method obtaining managing litigation instead reflects legislative purpose penalize promotes desegregation races decision brown board education holding maintenance public schools segregated race violated equal protection clause fourteenth amendment announced may amendments virginia code issue enacted arkansas florida georgia mississippi south carolina tennessee also passed laws following decision brought within barratry statutes attorneys paid organization representing litigants without charge bill involved one five virginia enacted parts general plan massive resistance integration schools state decrees words judge soper writing patty supp indulge guesswork reviewed various steps taken virginia resist brown decision starting report gray commission november mentioned interposition resolution passed general assembly february constitutional amendment made carry recommendation report gray commission address governor general assembly enacted five laws including present one lengthy repeat make clear purpose present law clear purpose evade prior decisions legislation lane wilson another instance discriminatory state law fact contrivance used subtle indirect material question amendment nullifies sophisticated well modes discrimination looked origins state law setting operated find discriminatory nature proper discrimination also appears face act line drawn organization pecuniary right liability judicial proceeding one said alabama members every practical sense identical association medium individual members seek make effective expression views statute protect pecuniary right liability unconstitutional invasions may indulge solicitation business attorney protect civil rights may distinction helps make clear purpose legislation judge soper said part program massive resistance brown board education supra ark stat cum supp stat cum supp code cum supp miss code code cum supp code cum supp justice white concurring part dissenting part agree construed virginia chapter proscribe actual control litigation commencement forbid threat criminal punishment advising employment particular attorneys construed statute unconstitutional may statute saved simply saying prohibits control litigation lay entity seems upon record us finding control virginia must rest great extent upon inference exercise rights virginia hold constitutionally protected advising negroes constitutional rights urging institute litigation particular kind recommending particular lawyers financing litigation surely beyond power state prevent exercise constitutional rights name preventing lay entity controlling litigation consequently concur judgment opinion us narrowly drawn statute proscribing actual management dictation tactics strategy conduct litigation lay entity naacp issue considerably different least opinion neither practice law organization management litigation members others constitutionally protected practices well within regulatory power state regard agree brother harlan clear however opinion majority also strike narrowly drawn statute extent disagreement certainly naacp understand position denied managed controlled litigation urged members others bring disclaimed desire denied adverse effects upon operations lawyers representing clients school desegregation litigation financed naacp represented clients obligation follow dictates naacp conduct litigation avoid deciding case justice harlan justice clark justice stewart join dissenting member disagree validity state action claimed infringe rights assured fourteenth amendment judged basic constitutional standards whether racial problems involved worse setback befall great principles established brown board education give persons reason think otherwise respect believe striking virginia statute squared accepted constitutional doctrine domain state regulatory power legal profession outset factual premises virginia appeals upheld application chapter activities naacp area litigation well scope holding delineated first lawyers participate litigation sponsored petitioner almost without exception members legal staff naacp virginia state conference fact conference policy give financial support litigation handled staff lawyer selected petitioner compensated work litigation whether petitioner party thereto long remain staff necessarily subject directions recognizes incumbent staff members agree abide naacp policies second equally clear naacp directions officers divisions staff lawyers cover many subjects relating form substance litigation thus resolved board directors meeting pleadings educational cases prayer pleading proof aimed obtaining education basis relief acceptable lawyers operating rule urge client branches association involved insist final relief weber inquired meant branches prohibited starting equal facility cases special counsel said report issued several years later purporting give date picture action taken virginia petitioner stated selection suit sites reserved legal staff state legal staff ready action selected areas majority branches willing support legal action program leading early desegregation schools may suggested national state conference officers short materials record show form pleading type relief requested proper timing suits considerable extent entirely determined conference coordination national office third contrary conclusion federal district original federal proceeding naacp patty supp present record establishes petitioner great deal advocate litigation wait prospective litigants come forward several instances especially litigation touching racial discrimination public schools specific directions given types prospective plaintiffs sought staff lawyers brought blank forms meetings purpose obtaining signatures authorizing prosecution litigation name signer fourth substantial evidence indicating normal incidents relationship often absent litigation handled staff lawyers financed petitioner forms signed prospective litigants occasion contained name attorney authorized act many cases whether form contained specific authorization effect additional counsel brought action staff counsel several litigants testified time personal dealings lawyers handling cases aware long event suits filed names suggest petitioner shown sought plaintiffs false pretenses inaccurate statements basis concluding isolated incidents petitioner methods operation render happenings ordinary factual premises amply supported evidence virginia appeals held petitioner associated solicit prospective litigants authorize filing suits naacp fund educational defense fund lawyers paid conference controlled naacp policies time virginia demonstrated responsible awareness two important limitations state power regulate conduct first recognition incorporated canons different treatment accorded aiding indigent prosecuting defending legal proceedings second coupled first led strike chapter ante constitutional right person express views disseminate views others advocate action designed achieve lawful objectives present case also constitutionally due mindful limitations state construed chapter prohibit petitioner associated acquainting colored persons believes rights advising assert rights legal proceedings solicit ing legal business attorneys particular attorneys determined chapter preclude petitioner contributing money persons assist prosecuting suits suits solicited appellants naacp defense fund associated channeled attorneys attorneys opinion litigation program naacp shown record falls within area activity state may constitutionally regulate whether wise virginia exercise power instance course us say contrary conclusion rests upon three basic lines reasoning context racial problem naacp litigating activities form political expression within protection first amendment extended fourteenth sufficiently compelling subordinating state interest shown justify virginia particular regulation activities event chapter must fall vagueness construed state line permissible impermissible statute uncertain potentially work stifling constitutionally protected rights propositions considered turn ii freedom expression embraces right individual speak mind includes also right advocate right join fellows effort make advocacy effective thomas collins naacp alabama bates little rock includes right jointly petition legislature redress grievances see eastern presidents conference noerr motor freight must include right join together purposes obtaining judicial redress passed point litigation regarded evil must avoided accommodation short lawsuit possibly worked litigation often desirable orderly way resolving disputes broad public significance obtaining vindication fundamental rights particularly sensitive area racial relationships declare litigation form conduct may associated political expression resolve case neither first amendment fourteenth constitutes absolute bar government regulation fields free expression association repeatedly held certain forms speech outside scope protection amendments addition general regulatory statutes intended control content speech incidentally limiting unfettered exercise permissible found justified subordinating valid governmental interests problem case weigh legitimate interest state effect regulation individual rights analogy may drawn present case rights workingmen labor disputes heart rights laborer labor representative speak inform public disputes urge fellow workers join together mutual aid protection important particular rights absent clear present danger gravest evil state without power impose blanket prohibition exercise thornhill alabama also may place significant obstacle path thomas collins move away speech alone sphere conduct even conduct associated speech resulting area legitimate governmental interest expands regulation directly suppressing speech peaceable assembly impact form manner exercise sustained regulation reasonable relationship proper governmental objective unduly interfere individual rights thus although state may prohibit informational picketing may prevent mass picketing local wisconsin board picketing unlawful objective giboney empire storage ice although may prevent advocacy union membership degree inquire define qualifications solicit funds prospective members hold positions responsibility legislature may wholly eliminate right collective action workingmen may significant extent dictate form organization shall take may make employers others see international brotherhood electrical workers labor board turning present case think evident basic rights issue petitioner members associate discuss advocate absent gravest danger community rights must remain free frontal attack suppression state recognized striking chapter carefully limiting impact chapter litigation whether associated attempt vindicate constitutional rights conduct speech plus although state surely may broadly prohibit individuals common interest joining together petition redress grievances equally certain state may impose reasonable regulations limiting permissible form litigation manner legal representation within borders thus state may without violating protected rights restrict undertaking represent others legal proceedings properly qualified practitioners may determine corporation association standing litigate interests shareholders members individuals direct interest may join press claims courts kinds regulation undeniably matters legitimate concern state possible impact rights expression association far remote cause doubt validity question whether particular regulation conduct concerning litigation reasonable relation furtherance proper state interest whether interest outweighs foreseeable harm furtherance protected freedoms iii interest virginia asserted maintaining high professional standards among practice law within borders consistently recognized broad range judgments state may properly make regulating profession see dent west virginia semler oregon state board dental examiners williamson lee optical regulation professional standards members bar comes us even deeper roots history policy since courts centuries possessed disciplinary powers incident administration justice see cohen hurley konigsberg state bar martin walton regulation us origins prohibitions champerty barratry maintenance closely related prohibitions canons ethics solicitation intervention lay intermediary statutory provisions forbidding unauthorized practice law recognizes formidable history puts aside present case grounds element malice pecuniary gain interests naacp regarded substantially different members said dealing matter transcends mere legal ethics securing federally guaranteed rights distinctions facile account full scope state legitimate interest regulating professional conduct although professional standards may born desire curb malice use clients courts pecuniary ends acquired far broader significance long development first regard claimed absence pecuniary element well suggested attorneys donating services since fact compensated work tenably argued petitioner litigating activities fall accepted category aid indigent litigants reference presumably fact petitioner nonprofit organization motivated desire financial gain public interest fact monetary stakes involved litigation state felt need regulation professional conduct may reasonably extend beyond mere ambulance chasing people ex rel courtney association real estate nonprofit corporation held contempt engaging unauthorized practice law association formed citizens desiring mount attack constitutionality certain tax rolls membership solicited circulation blank forms authorizing employment counsel applicant behalf asking property listed litigation attorneys selected paid controlled corporation made services available taxpayer members cost similarly several decisions condemned provision counsel members nonprofit automobile clubs even instances involving challenges validity statute ordinance maclub america mass people ex rel chicago bar assn chicago motor club see opinion opinions committee professional ethics grievances american bar assn particular relevance series nationwide adjudications culminating brotherhood railroad trainmen proceeding remarkably similar present one declaratory judgment activities brotherhood assisting prosecution members personal injury claims federal employers liability act inconsistent state law forbidding lay solicitation legal business found lodge brotherhood appointed member file accident reports central office reports sent central office regional investigator equipped contract form purpose urge injured member consult employ one regional attorneys retained brotherhood regional counsel offered services injured person basis contingent fee amount fixed brotherhood counsel bore costs investigation suit operating union legal aid department union argued motivated desire profit interest commensurate members enforcement federal statute advantage taken injured parties unscrupulous claims adjusters made essential furnish economical recourse dependable legal assistance ruled union points permitted organization maintain investigative staff advise members regarding legal rights recommend particular attorneys required union stop fixing fees sever financial connections counsel cease distribution contract forms practices brotherhood similar many respects engaged petitioner condemned every state considered petition committee rule cleveland bar ohio abs supp hildebrand state bar cal doughty grills app see atchison jackson similar opinions related questions bar association committees see opinion opinions committee unauthorized practice law american bar opinion committee professional ethics assn bar city new york underlying impressive array relevant precedent widely shared conviction avoidance improper pecuniary gain relevant factor determining standards professional conduct running perhaps even deeper desire profession courts legislatures prevent interference uniquely personal relationship lawyer client maintain untrammeled outside influences responsibility lawyer owes courts serves attorney employed association corporation represent individual litigants two problems arise whether association organized profit matter unimpeachable motives lawyer becomes subject control body litigant unlike lawyers employs subject strict professional discipline officer addition lawyer necessarily finds divided allegiance employer client may prevent full compliance basic professional obligations matter well stated different related context new york appeals law relation attorney client master servant limited dignified sense involves highest trust confidence delegated without consent exist attorney employed corporation practice law client corporation subject directions corporation directions client second claimed interests petitioner members sufficiently identical eliminate serious danger professionally reprehensible conflicts interest ante support claim sought procedural holding naacp alabama recognizing case naacp standing assert rights members real party interest plainly large jump conclude whenever individuals engaged litigation involving claims organization promotes significant difference interests individual group naacp may sum efforts views infused members totality separate interests members others whose causes petitioner champions even field race relations may far exceed scope variety body views policy embodied litigating strategy tactics thus may interest association every case make frontal attack segregation press immediate breaking racial barriers sacrifice minor points may win given case major points may win cases particular litigation impossible authorizing action behalf negro parent concerned continued frontal attack result schools closed years might prefer wait fellows longer time efforts local school board permitted centrally determined policy naacp might see greater prospect success discussions local school authorities litigation deemed necessary association parent course free withdraw authorization lawyer retained paid petitioner subject directions matters policy able advise parent undivided allegiance hallmark relation afraid indeed potential conflict present situation perhaps greater union automobile club cases discussed pp interests naacp go well beyond providing competent counsel prosecution defense individual claims embrace broadly fixed substantive policies may well often deviate immediate even desires choose accept offers legal representations serves underscore close interdependence state condemnation solicitation prohibition unauthorized practice law lay organization third said practices involved must stand different footing litigation petitioner supports concerns vindication constitutionally guaranteed rights surely state law still source basic regulation legal profession whether attorney pressing federal state claim within borders see brotherhood railroad trainmen supra true question whether state taken action unreasonably obstructs assertion federal rights said underlying state policy inevitably inconsistent federal interests state sought prohibit solicitation sponsoring litigation standing initiate litigation simply coming assistance indigent litigants thus state policy unrelated federal rules standing insistence federal litigants confined demonstrate pressing personal need relief see mccabe atchison massachusetts mellon cf stark wickard cases cited therein requirement substance well form recognizes although litigation something avoided costs resorted undue haste without effort extra judicial resolution lacking immediate private need may make unnecessary broad attacks based inadequate records federal interest impeding precipitate resort litigation diminished litigation concerns constitutional issues anything intensified public workers mitchell remains considered branch argument question whether particular exercise state regulatory power bears sufficient relation established substantial interest state overcome whatever indirect impact statute may rights free expression association chapter construed prohibit petitioner associated soliciting legal business staff attorneys fair reading state opinion amounting thing outside attorneys subject association control handling litigation refers see pp infra prohibitions bear strong direct relation area legitimate state concern matters policy involving form timing substance litigation attorneys subject directions petitioner nominally clients methods used obtain litigants conducive encouraging kind relationships state reasonably may demand inheres arrangements potentialities divided allegiance diluted responsibility state may properly undertake prevent impact prohibition rights petitioner members free expression association well deemed great require struck face substantial state interest important function organizations like petitioner vindicating constitutional rights course minimized function opinion substantially impaired statute cardinal importance regulatory enactment construed way suppress assembly advocacy litigation general particular moreover contrary majority suggestion view prevent petitioner recommending services attorneys subject directions control see pp infra since petitioner may contribute need assistance prohibition significantly discourage anyone sufficient interest pressing claims litigation joining others similarly situated press claims prevents solicitation business attorneys subject petitioner control limited sustained iv remaining line reasoning chapter construed hereafter sometimes simply statute must struck score vagueness ambiguity think vagueness concept proper place case serves obscure rather illuminate true questions presented finding ambiguity rests premise statute may prohibit mere recommendation particular attorney whether member naacp legal staff otherwise subject association direction control proceeding premise ends invalidating entire statute basis alleged vagueness readily lends stifling protected activity cardinal difficulty argument simply real uncertainty statute state found construction true concept vagueness used give breathing space first amendment freedoms see amsterdam note doctrine rev also true commentator well stated agueness extraneous ploy judicial deus ex machina words actual vagueness component vagueness decisions ibid test whether law question established standards guilt sufficiently ascertainable men common intelligence need guess meaning connally general constr winters new york laws failed meet standard almost without exception turn language calling exercise subjective judgment unaided objective norms cohen grocery unreasonable charges winters new york supra massed become vehicles inciting joseph burstyn wilson sacrilegious language found ambiguity present statute made appear price strained reading state opinion construed statute contains two types prohibition relating solicitation first prohibits groups naacp educational defense fund officers members affiliates voluntary workers attorneys soliciting legal business attorneys state made clear attorneys referred attorneys naacp fund pay subject directions practice state opinion predominantly concerned gave rise intensive consideration relations petitioner legal staff surely element uncertainty involved prohibition state made plain solicitation involved advocacy litigation general particular involved handling litigation petitioner paid controlled staff attorneys compare thomas collins second prohibition statute solicitation petitioner legal business particular attorneys channeling litigation supports attorneys whether petitioner staff attorneys language state coupled primarily notion chapter defining agents departed principles leads majority conclude statute may interpreted precluding organizations petitioner simply advising prospective litigants engage particular attorneys whether members organization legal staff surely idea entertained respect state discussion naacp staff attorneys record barren evidence litigant type litigation case concerned ever attempted retain account one attorneys indeed strongly indicates arrangement acceptable naacp long lawyer remained legal staff state opinion makes clear directing situation think may reasonably concluded state meant preclude naacp recommending outside attorneys prospective litigants long retained power direction lawyers immediate context light entire opinion record seems clear phrases particular attorneys attorneys reference outside attorneys respect naacp defense fund bore relationship equivalent existing attorneys savors almost disrespect virginia appeals whose opinion manifests full awareness considerations traditionally marked line professional unprofessional conduct read part opinion otherwise indeed ambiguity finds quite evidently escaped notice petitioner counsel much suggest argument briefs moreover kind approach majority takes statute quite inconsistent precept duty construe legislation possible save destroy labor board jones laughlin steel cases cited rumely even statute justly lent attributed ambiguity excise ambiguous part strike enactment entirety duty respect state legislation go must declining sustain validity led doctrine separability constitutional adjudication always followed except instances effect leave standing statute still uncertain potential application see smith california given ambiguity view separability doctrine least applied since remain chapter conceivably deemed ambiguous view however statute construed ambiguous since majority found unnecessary consider words need said respect petitioner contentions chapter deprives property without due process law denies equal protection due process claim disposed appears statute falls within range permissible state regulation pursuance legitimate goal pp supra equal protection position premised claim law directed solely petitioner activities behalf negro litigants chapter comes us narrowing construction state anchors statute firmly common law independently existing supervisory powers virginia legal profession leaves room finding discriminatory purpose petitioner merely one variety organizations may come within scope prohibitions solicitation unauthorized practice course open petitioner facts warrant claim chapter enforced discriminatorily others similarly circumstanced see yick wo hopkins present record barren evidence suggesting unequal application may presume occur lieberman van de carr douglas noble affirm konigsberg state bar see cases cited therein including cox new hampshire chaplinsky new hampshire breard alexandria roth bates little rock wilkinson see thomas collins concurring opinion american communications assn douds de veau braisted see discussion hague opinion justice stone see reporting disclosure act stat supp iii et seq see blackstone commentaries even apart state statutory provisions state judiciaries normally consider free exercise supervisory authority bar enforce prohibitions derived common law see law people ex rel courtney association real estate maclub america mass cases cited therein many however also statutes dealing matters merely incorporate proscriptions barratry maintenance del code tit mo stat vernon several specifically prohibit solicitation legal business lawyer agent runner gen gen repl vol stat prohibit unauthorized practice law corporations american bar foundation unauthorized practice statute book virginia concern problems dates back beginning commonwealth act december stat shepherd sections amended us today originally enacted acts cc virginia appeals adopted american bar association canons ethics haec verba virginia canons professional ethics many judiciary virginia declared inherent authority assure proper ethical deportment see richmond assn credit men bar virginia policy promoting aid indigent suitors long standing see papers thomas jefferson boyd ed decision state case fully implements policy ante deals real estate taxpayers case simply referring one parties association attorneys large sums money stake true attorneys paid services association although told amount payment attorney also true constitutional rights members seeking assert association property rights monetary value fail see factors deemed create element pecuniary gain distinguishes real estate case present one significant respect activities association maclub case limited association real estate case attorneys maclub selected retained directly members bills submitted paid association stat amended see weihofen practice law corporations social utility chi rev drinker legal ethics traynor dissenting hildebrand state bar supra addition decisions discussed text evidence attitude bench bar found survey described mccracken report observance bar stated professional standards rev interesting note reliance opinion opinions committee professional ethics grievances american bar assn opinion issued height resentment certain quarters new deal approved practice national lawyers committee liberty league publicly offering free legal services without compensation source anyone unable afford challenge constitutionality legislation believed violating rights opinion may well debatable matter interpretation canons event think wholly untenable suggest holding today contrary opinion regarding paid legal services nonindigent litigants unconstitutional corollary attorneys prohibited law construed accepting employment petitioner suits solicited petitioner full text portions state opinion phrases appear quoted majority opinion ante course refuse sustain one part state statute state remand may decide remainder statute longer stand insofar conclusion reached matter state law concern us cf stromberg california state law condemned displaying red flag three purposes sustained validity law two purposes struck vagueness third suggested state law may contain invidious discrimination treats organizations pecuniary interest litigation example insurance company differently surely said distinction closely related traditional concepts privity lacks rational basis importance existence pecuniary interest determining propriety sponsoring litigation long recognized common law england see findon parker eng exch see dorwin smith vaughan marable smith hartsell distinction drawn virginia law without parallel requirement absence statute rule suit federal attacking validity law may brought one immediate danger sustaining direct substantial injury result enforcement one merely suffers indefinite way common people generally even common members race class massachusetts mellon see mccabe atchison course motives virginia legislators enacting chapter beyond purview responsibilities fletcher peck cranch see arizona california cf tenney brandhove