SAMUELS v. MACKELL

No. 7.

401 U.S. 66 (1971)

SAMUELS ET AL. v. MACKELL, DISTRICT ATTORNEY OF QUEENS COUNTY, ET AL.

Supreme Court of United States.

Reargued April 29 and November 16, 1970

Decided February 23, 1971


Attorney(s) appearing for the Case

Victor Rabinowitz argued the cause for appellants in No. 7 on the original argument and on the rearguments. With him on the briefs were Leonard B. Boudin, Michael Standard, and Dorian Bowman. Eleanor Jackson Piel argued the cause and filed briefs for appellant in No. 9 on the original argument and on the rearguments.

Frederick J. Ludwig argued the cause for appellee Mackell in both cases on the original argument and on the rearguments. With him on the briefs was Thomas J. Mackell, pro se. Maria L. Marcus, Assistant Attorney General, argued the cause for appellee Attorney General of New York in both cases on the original argument and on the rearguments. With her on the briefs were Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Hillel Hoffman, Assistant Attorney General.


MR. JUSTICE BLACK delivered the opinion of the Court.

The appellants in these two cases were all indicted in a New York state court on charges of criminal anarchy, in violation of §§ 160, 161, 163, and 580 (1) of the New York Penal Law.1 They later filed these actions in federal district court,2 alleging (1) that the anarchy statute was void for vagueness in violation of due process, and an abridgment...

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