Brief for Appellant
The Questions Are Substantial
The present appeal presents important and unresolved federal questions which have not been but should be determined by this Court. A district court's refusal to enjoin present and future enforcement of a statute declared facially unconstitutional raises important issues for the vindication by federal courts of rights guaranteed by the Constitution. Decisions by this Court have not in recent years clarified the propriety of federal injunctive relief against state criminal statutes outside the pristine speech area of the First Amendment. A decision by this Court is needed, particularly where, as here, the injunction was sought by some Appellants who were total strangers to any pending prosecutions, and by one Appellant for whom defense of state court prosecution would be a wholly inadequate means of vindicating his federally protected rights.
In addition, the substantive issues in the case, which will surely be raised for further review by Appellee, are novel issues of profound national import, affecting the lives of many thousands of American citizens each year. Further, the same issues are presented in four appeals already docketed,16 a variety of conflicting decisions in the lower courts,17 and a host of pending actions in federal and state lower courts.
Additional topics
- Brief for Appellant - Introduction
- Brief for Appellant - Statement Of The Case
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Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972Brief for Appellant - Brief For Appellant, Table Of Contents, Jurisdiction, Statutes Involved, Questions Presented, Statement Of The Case