Boyle v. Landry

United States Supreme Court

401 U.S. 77

Boyle, Judge, et al.  v.  Landry et al.

Appeal from the United States District Court for the Northern District of Illinois

No. 4.  Argued: March 24, 1969; April 29 and November 16, 1970. --- Decided: February 23, 1971

Appellees brought this action for injunctive and declaratory relief against enforcement of various Illinois statutes under some of which certain appellees had been arrested and all of which they claimed were being used to intimidate them in the exercise of their First Amendment rights. A three-judge District Court declared invalid for over breadth and enjoined enforcement of a statutory provision (under which no appellee had been arrested or charged) that prohibited intimidating a person by threats to "[c]ommit any criminal offense."

Held: Since no appellee suffered, or was threatened with, great and immediate irreparable injury and the future application of the statute to any appellee was merely speculative, the District Court was not warranted in interfering with state law enforcement by the issuance of an injunction or declaratory judgment. Younger v. Harris, ante, p. 37; Samuels v. Mackell, ante, p. 66. Pp. 80-81.

280 F. Supp. 938, reversed and remanded.

BLACK, J., delivered the opinion of the Court, in which BURGER, C.J., and HARLAN, STEWART, and BLACKMUN, JJ., joined. BRENNAN, WHITE, and MARSHALL, JJ., concurred in the result. DOUGLAS, J., filed a dissenting opinion, ante, p. 58.

Thomas E. Brannigan argued the cause for appellants on the second reargument. Dean H. Bilton argued the cause for appellants on the first reargument. Ronald Butler argued the cause for appellants on the original argument. With Messrs. Butler and Bilton on the brief were Daniel P. Coman and Daniel W. Weil.

Ellis S. Reid argued the cause for appellees on the original argument and on the rearguments. With him on the brief were Robert L. Tucker and Stanley A. Bass.

Notes