FEDERAL JURISDICTION AND PROCEDURE - DECLARATORY JUDGMENT - A FEDERAL COURT MAY ISSUE A DECLARATORY JUDGEMENT UPON A SHOWING OF THREATENED ENFORCEMENT OF A STATE CRIMINAL STATUTE CHALLENGED AS UNCONST, ETC

• NCJ Number: 16649
• Journal: Brooklyn Law Review Volume: 61 Issue: 2 Dated: (FALL 1974) Pages: 368-379
• Author(s): ANON
• Date Published: 1974
• Length: 12 pages
• Corporate Author: Fred B Rothman & Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

STEFFEL V. THOMPSON IS EXAMINED AND COMPARED WITH OTHER CASES WHERE AN APPARENT CONFLICT BETWEEN FEDERAL CONSTITUTIONALITY AND STATE STATUTES HAS BEEN AN ISSUE.

Abstract

IT IS CONSIDERED THAT THE RULING IN STEFFEL HAS ESTABLISHED THAT WHEN THE CONSTITUTIONALITY OF A STATE CRIMINAL STATUTE IS CHALLENGED EITHER ON ITS FACE OR AS APPLIED, FEDERAL DECLARATORY RELIEF MAY BE AVAILABLE, PROVIDED NO STATE PROSECUTION IS PENDING AND AN ACTUAL THREAT OF ENFORCEMENT IS SHOWN. IN THE FALL OF 1970, RICHARD STEFFEL AND SOME COMPANIONS DISTRIBUTED HANDBILLS IN A SHOPPING CENTER PROTESTING AMERICAN INVOLVEMENT IN VIETNAM. POLICE THREATENED THE GROUP WITH ARREST AND PROSECUTION FOR VIOLATING GEORGIA'S CRIMINAL TRESPASS STATUTE. STEFFEL AND OTHERS FILED A COMPLAINT IN FEDERAL DISTRICT COURT, INVOKING THE CIVIL RIGHTS ACT. THEY SOUGHT A DECLARATORY JUDGEMENT AND AN INJUNCTION PROHIBITING ENFORCEMENT OF THE STATUTE AGAINST THEM. THE DISTRICT COURT DISMISSED THE COMPLAINT. STEFFEL, ALONE, APPEALED THE DENIAL OF DECLARATORY RELIEF, WHILE FOREGOING HIS REQUEST FOR INJUNCTIVE RELIEF. THE UNITED STATES COURT OF APPEALS AFFIRMED. THE SUPREME COURT REVERSED. THE STEFFEL CASE IS SEEN TO DIFFER FROM SIMILAR CASES IN THAT IT DOES NOT LIMIT FEDERAL DECLARATORY RELIEF TO PENDING PROSECUTIONS AND AFFIRMS THE SPEEDY AVAILABILITY OF A FEDERAL FORUM TO A PLAINTIFF THREATENED BY ENFORCEMENT OF A STATE STATUTE WHOSE CONSTITUTIONALITY IS QUESTIONED.