perez ledesma argued november decided february appellees arrested charged violating louisiana statute parish ordinance displaying sale allegedly obscene material seized arresting officers brought suit federal district declaration statute ordinance unconstitutional injunction enforcement convened upheld statute declined issue injunction finding arrests seizure invalid entered suppression order prohibiting use state criminal proceedings illegally seized material requiring return appellees recognized jurisdiction pass constitutionality ordinance expressed view ordinance invalid declared ordinance unconstitutional appellants appealed directly suppression order declaratory judgment invalidating ordinance held erred issuing suppression order thereby stifling state criminal proceeding defense first raise constitutional claims younger harris ante pp jurisdiction review direct appeal validity order declaring ordinance invalid since decision single federal judge appealable appeals pp black delivered opinion burger harlan stewart blackmun joined stewart filed concurring opinion blackmun joined post douglas filed opinion dissenting part post brennan filed opinion concurring part dissenting part white marshall joined post charles livaudais argued cause appellants brief robert klees jack peebles argued cause appellees brief stanley fleishman robert eugene smith justice black delivered opinion given decisions today younger harris ante samuels mackell fernandez mackell ante boyle landry ante byrne karalexis post dyson stein post determined appropriate federal intervene administration state criminal laws disposition case difficult ledesma appellees operated newsstand parish bernard louisiana displayed sale allegedly obscene magazines books playing cards result activity appellees charged four informations filed state violations louisiana statute la rev stat ann supp bernard parish ordinance state proceedings commenced filing informations appellees instituted instant suit district eastern district louisiana new orleans division since appellees sought judgment declaring state statute statewide application unconstitutional together injunction pending future prosecutions statute convened held louisiana statute constitutional face ruled arrests appellees seizure allegedly obscene materials invalid lack prior adversary hearing character seized materials although declined issue injunction pending future prosecutions enter suppression order require return seized material appellees supp local district attorney law enforcement officers appealed set case argument postponed question jurisdiction hearing merits difficult imagine disruptive interference operation state criminal process short injunction state proceedings even recognized judgment effectively stifle state criminal prosecution view holding arrests seizures cases invalid want prior adversary judicial determination obscenity holding requires suppression return seized materials prosecutions effectively terminated emphasis added ii crippling louisiana ability enforce criminal statute ledesma expressed view parish bernard ordinance invalid although recognized function federal district determine constitutionality enjoin enforcement local ordinance nevertheless seized opportunity express views constitutionality ordinance supp judge boyle district judge initially referred action adopted view declared parish ordinance invalid considerable question concerning propriety issuing declaratory judgment criminal law circumstances case iii however unable review decision concerning local ordinance jurisdiction review direct appeal validity declaratory judgment local ordinance bernard parish ordinance even order granting declaratory judgment ordinance entered acting capacity held moody flowers properly convened consider constitutionality statute local application similar local ordinance jurisdiction consider direct appeal civil actions required heard determined since constitutionality parish ordinance required heard determined panel jurisdiction review question fact properly convened case consider injunctive relief requested enforcement state statute give jurisdiction direct appeal controversies independent jurisdictional base even properly convened consider one controversy two parties parties necessarily entitled direct appeal controversies may exist see public service brashear freight lines case order granting declaratory judgment issued rather judge boyle acting single district judge stated view expressed concerning constitutionality ordinance shared initiating federal district judge adopted reference opinion issued contemporaneously herewith emphasis added accordingly reasons assigned ordered judgment cases entered decreeing seized materials returned instanter seized said materials suppressed evidence pending future prosecutions plaintiffs preliminary permanent injunctions prayed denied jurisdiction retained herein issuance orders may necessary proper reasons assigned foregoing opinion ordered judgment entered herein decreeing bernard parish ordinance unconstitutional jurisdiction retained herein issuance orders may necessary proper judgment reversed insofar grants injunctive relief respects judgment vacated case remanded district instructions enter fresh decree parties may take appeal appeals fifth circuit desire ordered footnotes time instant federal suit filed pending louisiana state criminal prosecution parish ordinance samuels mackell supra held interference pending state criminal prosecutions declaratory judgments subject restrictions curbing federal interference injunction indicated facts present record show appellees suffer irreparable injury kind necessary justify federal injunctive interference state criminal processes aside limited local application ordinance bars direct appeal moody flowers question whether successful party properly maintain appeal statute permits direct appeal order granting denying injunction state successfully opposed injunction enforcement parish ordinance appeal victory see gunn university committee end war viet nam white concurring justice stewart justice blackmun joins concurring joining opinion judgment add concurring words district decree suppressing use seized material evidence ordering return appellees injunctive order appeal properly taken directly decree plainly wrong stefanelli minard agree must reversed stefanelli affirmed refusal federal district suppress use pending state prosecution evidence petitioners alleged obtained unlawful search ruling clearly applicable facts us hold federal courts refuse intervene state criminal proceedings suppress use evidence even claimed secured unlawful search seizure also agree appeal declaratory judgment holding parish ordinance unconstitutional properly us power consider merits appeal two quite distinct reasons sufficient defeat jurisdiction first ordinance neither state statute statewide application case thus presents fortiori situation found jurisdiction moody flowers second appeal grant declaratory relief grant denial injunction jurisdiction therefore lacking gunn university committee end war viet nam white concurring case district action prayer declaratory relief bound action request injunction might direct appeal consider propriety declaratory relief pendency grounds cf zwickler koota samuels mackell ante indeed district recognized request declaratory judgment regarding local ordinance unrelated prayer injunctive relief state statute single district judge entered separate order declaring ordinance unconstitutional justice douglas dissenting part panel properly convened consider validity louisiana statute general application also asked however pass ordinance bernard parish agree part iii opinion written justice black jurisdiction phase litigation elementary may convened consider validity local ordinance statute local application moody flowers recognized jurisdiction pass upon constitutionality ordinance expressed views interest judicial economy since shared initiating federal district judge adopted reference opinion issued contemporaneously herewith supp stated examined ordinance find unconstitutional unenforceable single district judge ordered judgment entered holding ordinance unconstitutional order obviously judgment basis appeal later clerk also entered judgment effect judgment entered pursuant order single district judge go appeals review moreover even judgment entered clerk authorized properly order judgment concerning ordinance pendent jurisdiction claim pendent jurisdiction extend nonconstitutional grounds challenging statute constitutional challenge also raised siler louisville davis wallace sterling constantin georgia pub serv florida lime growers jacobsen flast cohen state causes action appended federal causes action causes action arose set facts mine workers gibbs case however involve challenge one statute request one award relief different grounds challenge two different laws grounds argument considering laws together ledesma charged sufficient ruling give jurisdiction direct appeal ruling appellants challenge jurisdiction appellate jurisdiction claim subject matter jurisdiction federal courts may bestowed parties griffin cases cited appellants support jurisdiction claim zemel rusk allowed challenge administrative action authorized statute joined constitutional attack statutes purportedly authorized action milky way productions leary together new york feed leary supp per curiam affirmance without opinion issues presented conceded parties constitutional attacks obscenity statutes arrest warrant statutes new york jurisdiction attack arrest warrant statutes independent claim issue pendent jurisdiction involved raised therefore problem considered per curiam affirmance holding pendent jurisdiction decide perez basis milky way basis applicable precedent reason precedent reason advanced enlargement pendent jurisdiction rewriting law pendent jurisdiction done congress present judgment reviewed appeals rorick ii orders suppressing evidence prosecution louisiana statute sets aside dissent views congenial majority set forth length younger harris ante dyson stein post decided day none parties raised question concerning pendent jurisdiction new york feed complained arrest without prior adversary hearing unconstitutional milky way attacked arrest warrant statutes unconstitutional applied law alleging overbroad illegal prior restraint vague attorney general new york cases treated claim attack constitutionality arrest warrant statutes argued constitutional district attorney argued petitioners attack arrest warrant statutes improper preclude adversary hearing however raise jurisdictional questions power pass legality arrests city new york raised jurisdictional challenge reply petitioners argued arrest warrant statutes unconstitutional applied law justice brennan justice white justice marshall join concurring part dissenting part case presents questions regarding federal intervention affecting administration state criminal laws presented younger harris ante samuels mackell fernandez mackell ante boyle landry ante byrne karalexis post dyson stein post decided today appellees operate newsstand parish bernard louisiana january sheriff officers parish without warrants raided newsstand seized allegedly obscene magazines books playing cards shelves arrested appellee august ledesma owner displaying obscene materials sale february four informations filed state district two charging ledesma crime obscenity violation louisiana statute la rev stat ann supp two charging obscenity violation bernard parish ordinance statute ordinance appear appendix opinion february appellees filed instant action district eastern district louisiana new orleans division complaint sought judgment federal declaratory judgment act declaring state statute parish ordinance unconstitutional injunction pending future prosecutions either enactment injunction directing return seized magazines books playing cards suppressing use evidence pending future criminal prosecution appellees convened prior federal hearing appellant entered nolle prosequi state two informations charging violation parish ordinance filed opinion holding louisiana statute constitutional face parish ordinance unconstitutional face arrest appellee ledesma seizure magazines books playing cards unconstitutional absence prior judicial adversary hearing determining seized materials obscene supp stated confident appellants comply views unnecessary issue injunctions pending future prosecutions future arrests seizures pertinent part judgment entered august therefore decreed seized materials returned instanter appellants appellees seized said materials suppressed evidence pending future prosecutions appellees preliminary permanent injunctions prayed denied bernard parish ordinance unconstitutional app appropriate exercise discretion grant relief paragraphs judgment august view pendency state prosecution charging violation louisiana revised statutes appropriate exercise discretion paragraph said judgment declare bernard parish ordinance unconstitutional jurisdiction ii injunctions iii declaratory judgment parish ordinance threshold questions must answered merits declaratory judgment paragraph judgment reached first threshold question whether declaratory judgment properly us review two opinions written judge boyle initiated panel filed july one separate opinion judge boyle judge boyle opinion three judges explained although function federal district determine constitutionality enjoin enforcement local ordinance distinguished statutes application moody flowers takes opportunity express views constitutionality ordinance interest judicial economy view expressed concerning constitutionality ordinance shared initiating federal district judge adopted reference opinion issued contemporaneously herewith emphasis added judge boyle separate opinion brief statement reasons assigned foregoing opinion ordered judgment entered herein decreeing bernard parish ordinance unconstitutional jurisdiction retained herein issuance orders may necessary proper holds jurisdiction review declaratory judgment premise declaratory judgment local ordinance issued rather judge boyle acting single judge respect case brothers douglas stewart insist judge boyle separate statement fact judgment suppose judge boyle best authority expressly referred statement opinion appeals course taken judgments opinions judgment entered judge boyle pursuant separate opinion therefore existed judgment pursuant order single judge go appeals review judgment entered case entered august since injunctions paragraphs rendered judgment appealable directly paragraph judgment declaratory judgment necessarily us however considerations require decide whether properly rendered declaratory judgment per curiam affirmance milky way productions leary supp sdny aff fully supports action case present attacks statute ordinance rather attacks two different new york statutes first attack penal law new york general obscenity statute second attack code crim proc supp district held required deal attack since claim section facially unconstitutional however attack code criminal procedure sections facially unconstitutional sections unconstitutionally invoked adversary judicial determination obscenity publications question applied district acknowledged attack code provisions thus probably determination three judges simple claim official lawlessness cognizable one judge nevertheless district invoking principle jurisdiction established one claim may consider issues alone called three judges held since jurisdiction claim facial unconstitutionality jurisdiction existed also determine merits claim criminal procedure provisions unconstitutionally applied affirmance sustained holding plainly affirmance governs case sustains propriety action passing constitutionality ordinance appellants concede milky way forecloses challenge part action indeed regard action supported cases authorizing courts consider attacks statutes nonconstitutional grounds courts properly convened hear constitutional challenges statutes appellants argue however controversy requisite relief federal declaratory judgment act existed nolle prosequi entered argument presents second threshold question appellants rely upon golden zwickler case new york criminal statute prohibited distribution anonymous handbills election campaigns distributor anonymous handbills opposing congressman sought federal judgment declaring statute unconstitutional federal action brought reversal new york courts appellee conviction distributing handbills earlier campaign congressman see zwickler koota appellee desired distribute handbills forthcoming campaign congressman congressman retired congress become justice new york circumstances held controversy requisite declaratory relief existed since zwickler target particular congressman prospect neither real immediate campaign involving congressman situation quite different however 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 appellees complaint expressly alleges evidence finding contrary appellees desire continue keep sale sell publications playing cards question thus unlike situation golden question constitutionality ordinance presented context specific live grievance conclusion buttressed finding appellees fear prosecution ordinance future date indeed light appellants aggressive prosecution appellees inference permissible attempts appellees continue display questioned publications sale might well met prosecutions statute ordinance question continuing controversy appellants state involving sale allegedly obscene publications appellants assert contrary district assert contrary conclude said erred finding existed controversy requisite federal declaratory judgment act third threshold question whether state prosecution ordinance pending make federal intervention inappropriate fact already noted informations appellee ledesma violation ordinance outstanding federal suit filed however nolle prosequi informations entered convened heard case therefore treated case one prosecution ordinance pending error availability declaratory relief correctly regarded depend upon situation time hearing upon situation federal suit initiated see golden zwickler principles comity apply federal intervention treated today nos see supra present issue key predicate answering question whether federal stay hand whether pending state prosecution federal plaintiff may constitutional defenses heard determined ordinarily question may answered merely examining dates upon federal state actions filed state prosecution first filed provides adequate forum adjudication constitutional rights federal ordinarily intervene however time federal hearing state prosecution federal plaintiff may relegated assertion constitutional defenses primary reason refusing intervention absent forum adjudication appellees constitutional objections ordinance course intrusion state administration criminal laws whenever federal renders declaratory judgment upon constitutionality state criminal enactment holds today samuels mackell supra considerations federalism ordinarily make intrusion impermissible state prosecution enactment proceeding time federal suit filed says cases state criminal prosecution begun prior federal suit equitable principles relevant propriety injunction must taken consideration federal district courts determining whether issue declaratory judgment injunction impermissible principles declaratory relief ordinarily denied well considerations federalism controlling state prosecution pending question whether declaratory relief appropriate case congressional scheme makes federal courts primary guardians constitutional rights express congressional authorization declaratory relief afforded less harsh abrasive remedy injunction become factors primary significance controversy power federal courts declare state statutes unconstitutional enjoin enforcement roots reach back least chisholm georgia dall contract action held state sued citizen another state decision created shock surprise throughout country first meeting congress thereafter eleventh amendment constitution almost unanimously proposed due course adopted legislatures hans louisiana bradley amendment thought overruled chisholm although amendment might construed give broad immunity federal suits state officials acting pursuant state policy construction rejected osborn bank wheat osborn involved confiscatory state tax federal instrumentality sustaining federal injunction state tax chief justice marshall analyzed controversy federal judicial power testing viability federal system eleventh amendment exempted state suits citizens difficult question decided whether case may act upon agents employed state property hands try question constitution may time misapplied pause moment reflect relative situation union members objection prevail denial jurisdiction forbids inquiry nature case applies cases perfectly clear cases government exercise best established essential powers well may deemed questionable asserts agents state alleging authority law void repugnant constitution may arrest execution law ex parte young culmination efforts harmonize principles eleventh amendment effective supremacy rights powers secured elsewhere constitution years osborn young particularly civil war congress undertook make federal courts primary guardians constitutional rights history reviewed zwickler koota principal foundations expanded federal jurisdiction constitutional cases civil rights act stat empowered federal courts adjudicate constitutionality actions person taken color state statute ordinance regulation custom usage see judiciary act stat gave lower federal courts general jurisdiction see two statutes together decision ex parte young established modern framework federal protection constitutional rights state interference framework strengthened expanded subsequent acts congress subsequent decisions ex parte young involved state regulatory statute penal sanctions suit railroad stockholders federal circuit temporarily enjoined railroad complying statute also temporarily enjoined young state attorney general instituting proceedings enforce statute young nevertheless brought enforcement proceeding state thereupon held contempt circuit brought habeas corpus contending circuit lacked jurisdiction hold contempt held first original suit properly within general jurisdiction circuit second individuals officers state clothed duty regard enforcement laws state threaten commence proceedings either civil criminal nature enforce parties affected unconstitutional act violating federal constitution may enjoined federal equity action third federal equity power appropriate circumstances enjoin future state criminal prosecution state proceeding brought enforce alleged unconstitutional statute subject matter inquiry suit already pending federal latter first obtained jurisdiction subject matter right civil criminal cases hold maintain jurisdiction exclusion courts duty fully performed decision ex parte young provoked reaction unlike greeted chisholm georgia opposition focused principally power lower federal courts single judges courts issue preliminary injunctions often ex parte enforcement state statutes generally regulatory statutes carrying penalties see generally kennedy hart wechsler federal courts federal system hutcheson case three judges harv rev currie district constitutional litigation chi rev opinion ex parte young anticipated problem noted objection necessary result upholding suit circuit draw lower federal courts great flood litigation character one federal judge power enjoin proceedings state officials enforce legislative acts state either criminal civil actions year case decided congress considered measure disable lower federal courts enjoining enforcement state statutes proposal failed attract sufficient support passage see cong rec two years later similar measure passed house see cong rec senate accept see frankfurter landis business however year congress respond ex parte young attempt overrule case constitutional amendment statute seek contain expanding statutory bar federal injunctions state proceedings beyond stays suits already instituted follow precedent eleventh amendment excluding class litigation federal jurisdiction anticipate technique act forbidding use injunction defined class cases see stat rather congress ratified active role assigned federal courts war legislation accepted basic holdings ex parte young provided preliminary injunction enforcement state statute issued district see stat decision granting denying injunction directly appealable see thus act confirmed congress acceptance ex parte young course federal adjudication constitutionality state statutes represented congress never departed acceptance several occasions amended act professor wright written doctrine ex parte young seems indispensable establishment constitutional government rule law wright handbook law federal courts ed period leading following ex parte young federal injunction suit became classic method testing constitutionality state statutes injunctive remedy strong medicine act eliminate defects widespread hostility injunction procedure procedure unsatisfactory private plaintiffs state defendants plaintiff burden proving traditional equity requirements injunction plaintiff prevailed injunction issued defendant state official paralyzing enforcement state statute pending review consequently without expanding reducing subject matter jurisdiction federal courts way diminishing continuing vitality ex parte young respect federal injunctions congress empowered federal courts grant new remedy declaratory judgment see act june stat express purpose federal declaratory judgment act provide milder alternative injunction remedy house committee report stated principle involved form procedure confer upon courts power exercise instances preventive relief function performed rather clumsily equitable proceedings inadequately law courts particular significance question us senate report makes even clearer declaratory judgment designed available test state criminal statutes circumstances injunction appropriate declaratory judgment differs essential respect judgment except followed decree damages injunction specific performance immediately coercive decree declares conclusively finally rights parties litigations contested issue form relief often suffices settle controversies fully administer justice employed state courts declaration rights contested statute municipal ordinance possible necessary obtain injunction procedure especially useful avoiding necessity often present act one peril act one interpretation rights abandon one rights fear incurring damages often necessary absence declaratory judgment procedure violate purport violate statute order obtain judicial determination meaning validity compare shredded wheat city elgin parties denied injunction enforcement municipal ordinance carrying penalty advised purport violate statute rights determined erwin billiard parlor buckner declaratory judgment circumstances issued settled controversy fact declaratory judgment often proved necessary employed names years many cases injunction procedure abused order render effect declaratory judgment example case pierce society sisters issued injunction enforcement oregon statute come force years later rendering judgment declaring statute void effect issued declaratory judgment effect apparently abuse injunction see also village euclid ambler realty much hostility extensive use injunction power federal courts obviated enabling courts render declaratory judgments finally may said procedure molded settled thousands precedents administration law definitely clarified mentioned one principal purposes terrace thompson butler said obliged take risk prosecutions fines imprisonment loss property order secure adjudication rights declaratory judgment serves another useful purpose often happens courts unwilling grant injunctions restrain enforcement penal statutes ordinances relegate plaintiff option either violate statute take chances testing constitutionality criminal prosecution else forego fear prosecution exercise claimed rights dilemma civilized legal system operating constitution force person effect refusing injunction informs prospective victim way determine whether suspect mushroom toadstool eat assuming plaintiff vital interest enforcement challenged statute ordinance reason declaratory judgment issued instead compelling violation statute condition precedent challenging constitutionality hearings supra history compels rejection suggestion ante although informations pending time hearing declaratory relief inappropriate absence showing appellees suffer irreparable injury kind necessary justify federal injunctive interference state criminal processes congress expressly rejected limitation engraft upon availability congressionally provided declaratory remedy simply judicial defiance congressional mandate nothing short judicial repeal statute statute repealed rewritten must done congress ex parte young makes clear significant factor determining propriety federal intervention whether state proceeding exists initiated federal suit filed upheld federal injunction future state proceedings injunction aid federal jurisdiction expressly excepted holding case state proceeding exists pending time federal jurisdiction attached specifically stated federal course interfere case proceedings already pending state cited harkrader wadley support thus making clear ruling influenced statutory provision first enacted prohibiting federal injunctions proceedings pending state history provision recently traced atlantic coast line brotherhood locomotive engineers however statutory bar applies prosecutions begun federal suit filed preclude injunctions institution future prosecutions see generally warren federal state interference harv rev thus general rules follow ex parte young first pending state proceeding federal suit filed federal adjudicate constitutional claims state officials issue orders necessary preserve jurisdiction second state proceeding exists pending time suit filed federal federal ordinarily decline render either declaratory injunctive relief rules developed light additional considerations dombrowski pfister dombrowski confirmed principle constitutional defenses state criminal charge must initially tested state rather federal courts see douglas city jeannette cameron johnson compare stefanelli minard rea however dombrowski also recognized exceptional circumstances may justify federal intervention opportunity raise constitutional defenses state criminal trial assure protection constitutional rights stake dombrowski considered two situations exceptional circumstances exist first order discourage conduct protected first amendment provision constitution state brings threatens bring criminal prosecution bad faith purpose harassment bringing prosecution threat constitutional deprivation since subjects person burden criminal defense bear exists situation defense state criminal prosecution assure adequate vindication constitutional rights dombrowski pfister supra see cameron johnson supra cf achtenberg mississippi accordingly context civil suit appropriate means cut short unconstitutional state prosecution civil suit remedial relief may appropriately brought federal since federal courts primary guardians constitutional rights zwickler koota supra second criminal statute prohibits seems prohibit constitutionally protected conduct extent unconstitutionally vague overbroad contention made state statute case opportunity raise constitutional defenses criminal trial inadequate protect underlying constitutional rights since situation substantial number people may well avoid risk criminal prosecution abstaining conduct thought proscribed statute even persons confident contemplated conduct held constitutionally protected accordingly state conviction overturned may deterred engaging conduct prospect becoming enmeshed protracted criminal litigation risk end years later confidence prove misplaced resources wasted deterrence magnified scope vagueness overbreadth gives discriminatory capricious enforcement federal anticipatory relief justified principal function federal courts vindicate constitutional rights persons want obey state laws well prepared defy thus dombrowski held cases categories federal courts may properly intervene order assure full protection federal constitutional rights taken together principles ex parte young dombrowski establish whether particular case appropriate federal intervention depends whether state proceeding pending ground asserted intervention ground harassment intervention justified whether state prosecution pending intervention cases interfere normal enforcement state criminal law constitutional means necessarily require decision constitutionality state statute simply prevents particular unconstitutional use state criminal law bad faith federal plaintiff douglas city jeannette supra person immunity state prosecution brought lawfully good faith entitled federal relief state prosecution amounts harassment situation different plaintiff seeks federal intervention ground state statute unconstitutional allege facts showing harassment cases sort whatever provision claim unconstitutionality rests justification intervention individuals able exercise constitutional rights without running risk becoming lawbreakers justification applies full force continuing live controversy federal intervention sought state prosecution statute may tested however federal intervention sought state prosecution commenced pending interests protected federal intervention must weighed broad countervailing principles federalism pending state proceeding ordinarily provides existent concrete opportunity secure vindication constitutional claims state courts ultimate review situation collateral resort federal speed resolution controversy since come end event state litigation concluded moreover federal intervention may disrupt state proceeding issuance necessary stays burdensome necessity parties proceed two courts simultaneously federal adjudication matters issue state proceeding may otherwise unwarranted unseemly duplication state adjudicative process reasons federal courts ordinarily intervene way either declaratory injunctive relief cases state prosecution exists began federal suit filed federal plaintiff alleges state statute applied unconstitutional cf brillhart excess ins wright supra interests served federal intervention context plainly outweighed principles comity essential federal system state proceeding pending federal intervention therefore appropriate federal must decide requested forms relief granted ordinarily declaratory judgment appropriate requirements article iii met narrow special factors warranting federal abstention absent declaration serve useful purpose resolving dispute see generally zwickler koota supra golden zwickler supra general rule carries unambiguous intention congress expressed federal declaratory judgment act reflected committee reports supra propriety injunction considered separately light traditional requirements equity jurisprudence applied protection constitutional rights see douglas city jeannette supra ex parte young supra dombrowski pfister supra cameron johnson supra zwickler koota supra see also hart wechsler supra follows statement today samuels mackell cases state criminal prosecution pending equitable principles relevant propriety injunction must taken consideration determining whether issue declaratory judgment injunction impermissible declaratory relief ordinarily denied well applicable determining whether issue declaratory judgment case state criminal prosecution pending applicability precluded nature remedy created federal declaratory judgment act decisions act culminating zwickler koota supra establish considerations governing grant declaratory judgment quite different governing grant injunction even though forms relief discretionary thus broad sense term equitable nature application mackell statement criminal prosecution pending run counter decision term wisconsin constantineau decided january flatly rejected proposition federal courts stay hand state courts asked pass statute clearly unconstitutional face said congress course routed federal constitutional questions state systems saving final say came review state judgments first congress first judiciary act stat resolved differently created federal system time granted federal courts various heads jurisdiction today involve federal constitutional rights negate history enlargement jurisdiction federal district courts held federal stay hand decide question state courts decided effects injunctive declaratory relief impact administration state criminal laws different see generally kennedy injunction barring enforcement criminal statute particular conduct immunizes conduct prosecution statute broad injunction enforcement statute paralyzes state enforcement machinery statute rendered nullity declaratory judgment hand merely declaration legal status rights neither mandates prohibits state action see flemming nestor currie district constitutional litigation chi rev course favorable declaratory judgment may nevertheless valuable plaintiff though make even unconstitutional statute disappear state statute may declared unconstitutional toto incapable constitutional applications may declared unconstitutionally vague overbroad incapable constitutionally applied full extent purport either case federal declaration unconstitutionality reflects opinion federal statute fully enforced declaration total unconstitutionality affirmed follows stands ready reverse conviction statute declaration partial unconstitutionality affirmed implication overturn particular applications statute statute narrowly construed state courts incapable constitutional applications accordingly declaration necessarily bar prosecutions statute broad injunction thus highest state opportunity give statute regulating expression narrowing clarifying construction failed later federal declares statute unconstitutionally vague overbroad may well open state prosecutor federal decision bring prosecution statute reasonably believes defendant conduct constitutionally protected state courts may give statute construction yield constitutionally valid conviction even declaration unconstitutionality reviewed declaration may still able cut deterrent effect unconstitutional state statute persuasive force opinion judgment may lead state prosecutors courts legislators reconsider respective responsibilities toward statute enforcement policies judicial construction may changed legislature may repeal statute start anew finally federal judgment may res judicata effect though point free difficulty governing rules remain developed view proper workings federal system clear however even though declaratory judgment force effect final judgment much milder form relief injunction though may persuasive ultimately coercive noncompliance may inappropriate contempt opinion zwickler koota confirmed considerations governing grant two remedies quite different zwickler koota distinguished prayer injunction prayer declaratory relief held squarely district erred denying declaratory relief ground showing special circumstances justify injunctive relief expressly held request declaratory judgment state statute overbroad face must considered independently request injunctive relief enforcement statute hold federal district duty decide appropriateness merits declaratory request irrespective conclusion propriety issuance injunction emphasis added see also malone emmet supp md great lakes huffman contrary conclusion case action employers declaration state unemployment compensation scheme imposed tax upon unconstitutional congress always treated judicial interference enforcement tax laws subject governed unique considerations consistently enforced congressional command district courts shall enjoin suspend restrain assessment levy collection tax state law plain speedy efficient remedy may courts state without relying particular terms statute taken underlying policy require federal courts stay completely field anticipatory adjudication tax cases long adequate remedy otherwise available great lakes held declaratory relief state tax unconstitutional denied federal basis ruling since congress prohibited federal courts enjoining state taxes adequate remedy available state courts declaratory relief also withheld public service utah wycoff douglas dissenting citation omitted thus great lakes adhered congressional recognition unique considerations presented anticipatory tax litigation ibid statutes barring anticipatory relief federal tax cases supp express exception federal taxes make entirely clear unique considerations basis great lakes relate much considerations federalism peculiar needs tax administration cf agricultural adjustment act amendments stat amending act may stat contrast statutory counterpart applicable intervention state criminal prosecutions course grant denial declaratory judgment matter sound judicial discretion standards exercise discretion articulated aetna life ins haworth supra public service utah wycoff supra zwickler koota supra see supra federal asked declare validity invalidity state statute discretion exercised light relations existing system government judicial tribunals union recognition fact public good requires relations disturbed unnecessary conflict courts equally bound guard protect rights secured constitution ex parte royall however said zwickler koota congress imposed duty upon levels federal judiciary give due respect suitor choice federal forum hearing decision federal constitutional claims plainly escape duty permissible merely state courts also solemn responsibility equally federal courts guard enforce protect every right granted secured constitution robb connolly doctrine abstention first fashioned sanctions escape narrowly limited special circumstances propper clark conclude properly exercised discretion issuing declaratory judgment upon constitutionality bernard parish ordinance also agree district ordinance unconstitutional face mortally infected vice vagueness appellants assert contrary paragraphs judgment entered august reversed judgment respects affirmed appendix opinion brennan louisiana revised statutes annotated obscenity intentional exposure one person public place manner part sex organ may seen another person intent arousing sexual desire production sale exhibition gift advertisement intent primarily appeal prurient interest average person lewd lascivious filthy sexually indecent written composition printed composition book magazine pamphlet newspaper story paper writing phonograph record picture drawing motion picture film figure image wire tape recording written printed recorded matter sexually indecent character may may require mechanical means transmitted auditory visual sensory representations sexually indecent character possession intent sell exhibit give advertise pornographic material character described paragraph intent primarily appeal prurient interest average person performance person persons presence another person persons intent arousing sexual desire lewd lascivious sexually indecent dancing lewd lascivious sexually indecent posing lewd lascivious sexually indecent body movement solicitation attempt entice unmarried person age seventeen years commit act prohibited section requirement person condition sale allocation consignment delivery resale paper magazine book periodical publication purchaser consignee purchaser consignee receive resale article book publication reasonably believed purchaser consignee contain articles material kind description designed intended reasonably calculated fact appeal prurient interests average person community judged contemporary community standards denying threatening deny franchise impose penalty financial otherwise reason failure person accept articles things reason return thereof display nude pictures man woman boy girl public place except works art exhibited art galleries prosecutions obscenity lack knowledge age marital status shall constitute defense whoever commits crime obscenity shall fined less one hundred dollars five hundred dollars imprisoned six months violation paragraphs subsection section presence unmarried person age seventeen years offender shall fined one thousand dollars imprisoned five years without hard labor amended acts acts acts acts emerg eff july police jury bernard parish bernard courthouse annex chalmette louisiana motion celestine melerine seconded joseph papania upon recommendation district attorney parish bernard following ordinance adopted ordinance section offense obscenity defined prohibited section ordained police jury parish bernard obscenity prohibited hereby defined intentional section ordained public personal exposure female breast sexual organs fundament person either sex section ordained production sale exhibition possession intent display distribution obscene lewd lascivious prurient sexually indecent print advertisement picture photograph written printed composition model statute instrument motion picture drawing phonograph recording tape wire recording device material kind section ordained performance dance song act public place public manner representing portraying reasonably calculated represent portray act sexual intercourse male female persons act perverse sexual intercourse contact unnatural carnal copulation persons sex persons animals section performance public place public manner obscene lewd lustful lascivious prurient sexually indecent dance rendition obscene lewd lustful lascivious prurient sexually indecent song recitation section ordained production possession intent display exhibition distribution sale literature defined herein containing one pictures nude female persons wherein female breast sexual organ shown exhibited number manner portrayal pictures displayed literature designed appeal predominantly prurient interest section ordained shall also unlawful person attempt commit violations set forth section section ordained person upon conviction violation section shall sentenced serve ninety days pay fine one hundred dollars discretion ordained persons convicted attempt violate section shall sentenced maximum penalty prescribed pay half maximum fine set forth section ordained word literature used herein means includes book booklet pamphlet leaflet brochure circular folder handbill magazine word picture used herein means includes photograph lithograph drawing sketch abstract poster painting figure image silhouette representation facsimile section ordained ordinance shall published official journal parish bernard voice ordinance submitted vote vote thereon follows yeas henry schindler joseph papania peter huff peter perniciaro louis munster john booth claude mumphrey celestine melerine edward jeanfreau blanche molero nays none absent none ordinance declared adopted day november valentine riess valentine riess president joseph sorci joseph sorci secretary certificate witness hand seal bernard parish police jury day february mcdougall mcdougall secretary full text follows except otherwise provided law party may appeal order granting denying notice hearing interlocutory permanent injunction civil action suit proceeding required act congress heard determined district three judges contrary view necessity hearing prior arrest obscenity see milky way productions leary supp sdny aff flast cohen zemel rusk georgia pub serv florida lime growers jacobsen milky way productions leary despite order return seized materials appellants without evidence prosecute appellee ledesma evidence obtained night january seized materials parties stipulated hearing immediately sheriff officer arrested ledesma officer purchased two allegedly obscene magazines ledesma another officer purchased two different publications district expressly excepted purchased publications ordered returned saying course appellants ordered return purchased materials instance seized since title thereto passed act originally applied interlocutory injunctions enforcement state statutes see stat amendment extended requirements interlocutory injunctions enforcement state administrative orders act march stat judiciary act extended requirement permanent injunctions stat however smith wilson held requirement applied application permanent injunction coupled application interlocutory injunction revision statute made requirement applicable requests either interlocutory permanent relief whether form relief sought act june stat congress dealt another major defect federal injunction procedure injunction suits commonly instituted federal shortly enactment complex state regulatory measures prior construction state courts result one case federal gave initial construction state statute basis construction adjudicated constitutionality thereby excluding state courts altogether see generally lockwood maw rosenberry use federal injunction constitutional litigation harv rev remedy provided congress stat currently codified provides pertinent part district three judges shall final hearing stay action pending therein enjoin suspend restrain enforcement execution state statute order thereunder whenever appears state competent jurisdiction stayed proceedings statute order pending determination state action enforce action state prosecuted diligently good faith district three judges may vacate stay hearing upon ten days notice served upon attorney general state statute proved largely ineffectual principally stay requirement protects constitutional interests federal plaintiffs see hart wechsler supra hutcheson supra lockwood maw rosenberry supra however cases construction complex state regulatory law critical constitutional decision federal courts developed techniques securing state consideration issues state law see prentis atlantic coast line railroad texas pullman narrow scope doctrine federal abstention delineated zwickler koota see also ali study division jurisdiction state federal courts pp note abstention justice frankfurter doctrine activist era harv rev american law institute comments connection proposed codification abstention doctrine observes suits claimed state legislative administrative action invalid contrary controlling federal law present especially appealing case original federal jurisdiction danger state hostility federal claim greatest suits jurisdiction federal courts hear cases established least since ex parte young rightly observed distinguished judge authority finality ex parte young hardly overestimated hutcheson case three judges harv rev citation omitted ali study division jurisdiction state federal courts congress accepted basic principles ex parte young promulgated new rules practice federal equity removed many objections equity procedure see particular rule put one side question presented ex parte young case whether federal relief proper state prosecution pending time federal hearing begun federal suit filed declaratory relief available whether conduct inhibited expressive conduct alleged protected constitution course special sensitivity importance first amendment rights sensitivity chilling necessary consideration evaluating claim inhibition deterrence emanating existence statute purporting prohibit constitutionally protected expression plainly inconsistent first amendment zwickler koota baggett bullitt intended protect vigorous robust unpopular speech without threat punishment state law see whitney california brandeis concurring stromberg california roth naacp button new york times sullivan harassment course take many forms including arrests prosecutions valid statutes reasonable hope obtaining conviction see cameron johnson supra pattern discriminatory enforcement designed inhibit exercise federal rights see bailey patterson cf ali study division jurisdiction state federal courts pp federal declaratory judgment prize winner race courthouses rather declaration rights obviates need risk state criminal proceeding race courthouses within limits art iii see golden zwickler doctrines ripeness fashioned give adequate room kind relief title independent basis federal jurisdiction plaintiff seeks vindication constitutional rights provision invoked together exhaustion state remedies required mcneese board education federal abstention particularly inappropriate cases brought statutes designed specifically authorize federal protection civil rights professor wechsler stated congress declared historic judgment within precious area slightest risk nullification state process danger unhappily past moving wrong direction reduce jurisdiction field interest state smaller cases interest outweighed factors highest national concern wechsler federal jurisdiction revision judicial code law contemp prob whether context bars injunctive relief need consider since injunction consider types relief available cases harassment discussed supra senate report noted declaratory judgment final binding judgment adversary parties conclusively determines rights view federal duty render declaratory judgment less whatever may res judicata effect parties litigation axes government prompt certain availability imperious need time mind therefore sovereign resorted drastic means collection bull see also bank commerce tennessee phillips commissioner justice brandeis said adequate opportunity afforded later judicial determination legal rights summary proceedings secure prompt performance pecuniary obligations government consistently sustained property rights must yield provisionally governmental need thus protection life liberty administrative action alleged illegal may obtained promptly writ habeas corpus statutory prohibition suit purpose restraining assessment collection tax postpones redress alleged invasion property rights citations omitted cf matthews rodgers special reasons justifying policy federal noninterference state tax collection obvious procedures mass assessment collection state taxes administration adjudication taxpayers disputes tax officials generally complex necessarily designed operate according established rules state tax agencies organized discharge responsibilities accordance state procedures federal declaratory relief available test state tax assessments state tax administration might thrown disarray taxpayers might escape ordinary procedural requirements imposed state law pendency federal suit collection revenue challenged law might obstructed consequent damage state budget perhaps shift state risk taxpayer insolvency moreover federal constitutional issues likely turn questions state tax law like issues state regulatory law properly heard state courts see generally sess considerations make clear underlying policy statute relied great lakes bars anticipatory federal adjudication field merely federal injunctions different considerations apply context state criminal statutes challenged unconstitutional issue one side fundamental personal rights property rights risk current financing state government future enforcement particular criminal statute title certainly analogous prohibition federal anticipatory relief tax cases statute applies pending state proceeding dombrowski pfister whereas present discussion concerns propriety federal relief state proceeding pending moreover unlike tax statutes directed particular class litigation criminal otherwise designed protect process orderly state adjudication generally congress wanted protect particular categories state business anticipatory federal intervention known say see statute applies state criminal law administration finally federal declaratory judgment act plainly evinces congressional intent statutory term injunction read include declaratory judgments analogous question us recently mitchell donovan called decide whether order granting denying declaratory judgment may appealed provides certain exceptions party may appeal order granting denying injunction civil action required determined district three judges emphasis added provision obviously reflects particular sensitivity granting denying injunction important cases required heard courts see generally currie district constitutional litigation chi rev clearly considerations mind observed similarities injunctions declaratory judgments also important differences jurisdiction literally construed hardly faithful construction read statutory term injunction meaning declaratory judgment