William O. Douglas

“ There is no evidence of any power on the part of petitioner to control the conduct of the Branch. There is no evidence of any effort in past years by petitioner to exercise such control. The Branch officers were not, for all the record shows, national officers. The petitioner did not order the demonstrations nor did it authorize them. The record affirmatively shows that petitioner had no knowledge of the demonstrations against respondent and did not learn of them until it was sent the restraining order that was served upon the Branch president. ”

“ The law of agency which a State chooses to follow functions, for the most part, free of constitutional restraint; in our federal system, each State may regulate the relations between principal, agent, and third parties according to its own standards of fairness and sound policy. ”

“ Recognizing that guilt by association is a philosophy alien to the traditions of a free society (see Schware v. Board of Bar Examiners, 353 U.S. 232, 245-246, 77 S.Ct. 752, 759-760, 1 L.Ed.2d 796) and the First Amendment itself, we have held that civil or criminal disabilities may not be imposed on one who joins an organization which has among its purposes the violent overthrow of the Government, unless the individual joins knowing of the organization's illegal purposes (Wieman v. Updegraff, 344 U.S. 183, 73 S.Ct. 215, 97 L.Ed. 216) and with the specific intention to further those purposes. ”

“ While the States may preserve order on the public streets and punish conduct constituting a 'breach of the peace' as defined by local law, peaceful expression may not, regardless of the label put upon it, be punished. ”

“ For example, though state law customarily determines whether a particular contract is enforceable, notwithstanding the applicable commercial law a state court may not enforce covenants restricting sale of real property to non-whites. ”

“ As the Court sees it, you can't get agency and conspiracy separated in this case. A corporation may be a member of a conspiracy if its officers and agents take part in it and it furthers the conspiracy. You look to the evidence and see if it preponderates as to these organizations. Was there an agency that bound the National Association * * *? ”

“ Damages totaling $85,793 were assessed: this figure includes $50,000 in punitive damages. The Georgia Supreme Court affirmed, 221 Ga. 16, 142 S.E.2d 816, and we granted certiorari, limited to the question of whether holding petitioner, the national organization, liable 'for acts performed without its knowledge and by persons beyond its control' denied it rights secured by the Fourteenth Amendment. 382 U.S. 937, 86 S.Ct. 388, 15 L.Ed.2d 348.
Respondent has suffered economic loss as a result of the conduct of those who blocked his sidewalk and threatened his customers. ”