Robert H. Jackson

“ The Utah statute was construed to proscribe any agreement to advocate the practice of polygamy. [5] Thus the line was drawn between discussion and advocacy.
The Constitution requires that the statute be limited more narrowly. At the very least the line must be drawn between advocacy and incitement, and even the state's power to punish incitement may vary with the nature of the speech, whether persuasive or coercive, the nature of the wrong induced, whether violent or merely offensive to the mores, and the degree of probability that the substantive evil actually will result. ”

“ Yet to assimilate agitation, legitimate as such, with direct incitement to violent resistance, is to disregard the tolerance of all methods of political agitation which in normal times is a safeguard of free government. ”

“ The statute which appellants have violated provides that it shall be a crime for two or more persons to conspire 'to commit any act injurious * * * to public morals.' The opinion of the state supreme court construes these words to apply to conduct which induces people to enter into bigamous relationships and, more particularly, to the advocacy of the practice of polygamy. ”