Potter Stewart

“ The Plaintiffs herein are entitled to their declaratory judgment to that effect, and to injunctive relief against the enforcement of Article 474 as now worded, insofar as it may affect rights guaranteed under the First Amendment. However, it is the Order of this Court that the mandate shall be stayed and this Court shall retain jurisdiction of the cause pending the next session, special or general, of the Texas legislature, at which time the State of Texas may, if it so desires, enact such disturbing-the-peace statute as will meet constitutional requirements.' 289 F.Supp., at 475. ”

“ Soon afterwards, they were brought before a justice of the peace on a complaint signed by a deputy sheriff, charging them with 'Dist the Peace.' They pleaded not guilty, were returned briefly to jail, and were soon released on $500 bond. ”

“ Nine days later they brought this action in a federal district court against Bell County officials, asking that a three-judge court be convened, that enforcement of the state disturbing-the-peace statute be temporarily and permanently enjoined, and that the statute be declared unconstitutional on its face, 'and/or as applied to the conduct of the Plaintiffs herein.' The statute in question is Article 474 of the Vernon's Ann. ”