Full opinion text
COLEMAN, Circuit Judge. This is the. second time this case has been before this Court for hearing and decision. Invoking Title 42, U.S.C. §§ 1971, 1983, and 1985, the plaintiffs originally filed their complaint on April 13, 1964, against the governor of Mississippi and various officials in Forrest County, Mississippi. They sought a declaratory judgment and injunction, attacking the constitutionality of House Bill No. 546 of the Laws of Mississippi of 1964. By appropriate amendments, the suit became a class action and plaintiffs seek to enjoin the prosecutions already begun as well as the future enforcement of the statute. The first hearing was before Circuit Judge Rives and District Judges Mize and Cox. Upon full hearing, relief was denied. The findings of fact, conclusions of law, and opinion of the Court are reported at 244 F.Supp. 846 (1964). Judge Rives dissented, being of the view that it would be “difficult to conceive of a statute drawn in broader or more vague and sweeping terms than that here under attack. In my opinion, the statute is so clearly unconstitutional that this case is hardly ‘one required * * * to be heard and determined by a district court of three judges.’ [citing authorities].” Moreover, he was of the opinion that the doctrine of abstention should not have been invoked and that the plaintiffs were clearly entitled to an injunction. Upon appeal to the Supreme Court, the judgment was vacated, 381 U.S. 741, 85 S.Ct. 1751, 14 L.Ed.2d 715 (June 7, 1965). The case was remanded “for reconsideration in the light of Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct.1116, [14 L.Ed.2d 22].” We were given the following specific directions: “On remand, the District Court should first consider whether 28 U.S.C. § 2283 (1958 ed.) bars a federal injunction in this case, see 380 U.S., at 484, n. 2, 85 S.Ct. [1116], at 1119. If § 2283 is not a bar, the court should then determine whether relief is proper in light of the criteria set forth in Dombrowski.” Mr. Justices Black, Harlan, Stewart, and White dissented, 381 U.S., beginning at p. 742 and concluding at p. 759, 85 S.Ct. 1752-1761. Upon the death of Judge Mize, the present writer was designated to serve in his stead. In the meantime, the criminal prosecutions here sought to be enjoined were removed from the State Court to the United States District Court for the Southern District of Mississippi. That Court remanded the cases (approximately 48 in number). This was appealed. The United States Court of Appeals for the Fifth Circuit affirmed the remand, sub. nom. Hartfield et al. v. State of Mississippi, 363 F.2d 869 (July 21, 1966), the Court being of the opinion that the order should be sustained on the authority of City of Greenwood v. Peacock, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944. On September 23, 1966, this Court stayed the criminal prosecutions in the State courts until such time as the instant proceedings are finally heard and determined. In the meantime, on October 15, 1965, we heard further proof and oral arguments on behalf of the parties. Later, the plaintiff and the defendants filed written briefs. We now come to a consideration of the questions which the Supreme Court directed this Court to answer. I FACTS Before giving our views of what the answers should be, we allude briefly to the facts. We do not disturb, of course, the findings of fact already made by the Court as they appear in 244 F.Supp. at 847. *****8 Pursuant to the hearing of October 15, 1965, we supplementally find the following to have been established by the evidence: These plaintiffs, after arrest on the courthouse grounds, were charged in the State court substantially in the language of the statute. The blocking of the sidewalks and entrances and interfering with the free use of the courthouse sidewalks and entrances was the gravamen of the offense. We do not sit in this proceeding to determine the guilt or innocence of the plaintiffs but it may be said that we are here to determine whether there is substantial cause in law and fact supporting the right of duly constituted state authorities to have these questions of guilt or innocence determined by appropriate criminal prosecution. In any event, from all the evidence, including testimony of witnesses on the stand, we find that for many days prior to the arrest and prosecution here in question these complainants and others, carrying banners proclaiming their views, marched around the entire courthouse building. The Sheriff, charged by law with the custody of the courthouse and its grounds, requested the leaders to limit their march to the south half of the front of the courthouse and around the narrow concrete walks at the northwest corner of the building, fronting northerly on North Main Street. For many days, the demonstrators honored this request. Then, a larger group appeared and began marching so close together that they blocked certain vital entrances to the courthouse, particularly the entrance to the Cooperative Extension Service, a function in which the United States participates. At last, on April 10, 1964, the Sheriff read the statute to the participants and warned them that if they violated it he would have no choice but to arrest them. Those participating in the picketing conferred among themselves for most of the night, obtained legal advice, and decided to march on the courthouse grounds the next day. We find that there was no harassment, intimidation, or oppression of these complainants in their efforts to exercise their constitutional rights, but they were arrested and they are being prosecuted in good faith for their deliberate violation of that part of the statute which denounces interference with the orderly use of courthouse facilities by all citizens alike. This brings us face to face with the validity or invalidity of Section 2318.5 of the Mississippi Code, and we consider only the questions which the Supreme Court was of the view that we should consider in determining the fate of this litigation. II Does 28 U.S.C.A. § 2283 deny this Court the power to enjoin these criminal prosecutions ? We think it does. At the outset, the Supreme Court directed our attention to note 2, 380 U.S. at 484, 85 S.Ct. 1116, 14 L.Ed.2d 22. This was a note to the opinion of the Court in Dombrowski v. Pfister, supra, which will be set out in the margin. 4 Dombrowski sought injunctive and declaratory relief prior to arrest or prosecution, it being alleged that such was threatened to harass the plaintiffs and discourage them and their supporters from asserting and attempting to vindicate the constitutional rights of Negro citizens of Louisiana. Note 2 at p. 484 of 380 U.S., p. 1119 of 85 S.Ct., contains the following specific language, “this statute [§ 2283] and its predecessors do not preclude injunctions against the institution of state court proceedings, but only bar stays of suits already instituted”. The footnote continued, however, to the effect that it was unnecessary to resolve the question of whether suits under 42 U.S.C. § 1983 (1958 ed.) come under the “expressly authorized” exception to § 2283. In Hill v. Martin, 296 U.S. 393, at 403, 56 S.Ct. 278 at 282, 80 L.Ed. 293, (1935) the Supreme Court (opinion by Mr. Justice Brandéis) referred to the provisions of this Section, then § 265, as a prohibition, saying: “The prohibition of section 265 is against a stay of ‘proceedings in any court of a State.’ That term is comprehensive. It includes all steps taken or which may be taken in the state court or by its officers from the institution to the close of the final process. It applies to appellate as well as to original proceedings; and is independent of the doctrine of res adjudicata.” Leaving aside any dissertation on “jurisdiction” or “comity”, we think the plain language of the statute means what it says and constitutes a positive direction by Congress which this Court should obey. The 1948 Revisors did not change the mandatory language as above expounded by the Supreme Court. Since this Court rendered its first decision, the Fourth Circuit Court of Appeals has decided Baines v. City of Danville, 337 F.2d 579, August 10, 1964. Section 2283 was there thoroughly analyzed. The authorities were exhaustively examined. It was held that the section is a limitation on the exercise of the equity jurisdiction of District Courts. The Court declined to enjoin prosecutions pending for violation of ordinances of the City of Danville. It was held that 42 U.S.C. § 1983 does not create an exception to the anti-injunction statute. We, therefore, are of the opinion that § 2283 of Title 28, U.S.C., prohibits this Court from enjoining or abating the criminal prosecutions instituted against the plaintiffs prior to the filing of the suit for injunction. We are of the further opinion, following the decision in Baines, that § 1983, 42 U.S.C., creates no exception to this anti-injunction statute. The prayer that this Court enjoin or abate the pending prosecutions will be denied. The matter does not end here, however, for Baines held that restraints upon future prosecutions are beyond the reach of § 2283. No doubt this principle is what prompted the second portion of the directions from the Supreme Court, which may here be restated as follows: Applying the principles of Dombrowski, did State conduct in this case justify declaratory or injunctive relief against further enforcement of the statute? We answer this question in the negative. We accept as correct the statement of plaintiff’s counsel appearing at page seven of his excellent brief that: “Dombrowski sets forth two separate and distinct categories of circumstances in which the exercise of federal equity power to restrain state criminal prosecutions is appropriate. The first * * * relates to situations in which state statutes are challenged on their face as ‘overly broad and vague regulations of expression’ * * *. [The second] is actually threatened prosecutions under the statute.” The posture of this case necessitates discussion only of the first category. We therefore deal only with the contentions of plaintiffs that the statute is so broad, vague, indefinite, and lacking in definitely ascertainable standards as to be void on its face. We think it is as specific and definite as the Florida statute sustained against such an attack in Adderley et al., Petitioners v. State of Florida, 1966, 385 U.S. 39, 87 S.Ct. 242, 17 L.Ed.2d 149. That statute denounced “Every trespass upon the property of another, committed with a malicious and mischievous intent * * * The Florida Court defined a malicious act as one done knowingly and wilfully and without any legal justification. House Bill 546 of the Laws of Mississippi does not prohibit picketing or mass demonstrations on courthouse grounds. The prohibited factor is the obstruction or unreasonable interference With free ingress or egress to and from the courthouse. In Adderley, the Supreme Court expressed the following observations: “The sheriff, as jail custodian, had power, as the state courts have here held, to direct that this large crowd of people get off the grounds”, and “The State, no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated”, and “The United States Constitution does not forbid a State to control the use of its own property for its own lawful non-discriminatory purpose”. The record shows that these plaintiffs for about three months had been picketing the courthouse and they had not been arrested because they picketed in space which did not interfere with the normal use of courthouse facilities by all citizens alike, regardless of color or other consideration. April eleventh, however, was another matter. The Legislature passed a law attempting to prescribe some order to these activities, not really interfering with plaintiffs even on courthouse grounds so long as they did not interfere with others. The record shows that these individuals, though “frightened” as they claimed, deliberately came to a contest of wills with the sheriff, who had lawful custody of the premises, who had a duty to enforce the statute, and who had a duty to see that they obeyed it. Plaintiffs knew what they were doing, they knew what the statute proscribed, but they went ahead. Plaintiffs, in their very able and brilliantly written brief, argue that the addition of the word “unreasonably” to the statute made it even more vague and indefinite, but we disagree. The word “unreasonable” seems to have been well understood by the founders of the Republic when they used it in the Fourth Amendment, where it remains, and is enforced, as it should be, to this day. Plaintiffs also say that the action of City (not County) authorities in permitting the use of the streets for school parades and the like, a practice customarily enjoyed by the community as a part of ordinary community activities, participated in by all races, constitutes selective enforcement of the statute and thus invalidates it. We cannot agree with this argument. We are not here dealing with parades carried on by common consent on the public streets. We here confront picketing on the courthouse grounds in such manner as to interfere with the use of the courthouse by other citizens who had an equal right to its use. We hold that under all the facts and circumstances of this case the principles announced in Dombrowski have not been brought into play, that injunctive or declaratory relief as to future enforcement of the statute is not justified. By way of epilogue, there are other important reasons, in the exercise of judicial discretion in equity, for declining injunctive or declaratory relief in this case. The plaintiffs allege that they were picketing the courthouse grounds for the purpose of obtaining the right to vote and to encourage others to do so. Since this controversy arose, the people of Mississippi, pursuant to Resolutions of the Legislature, in the summer of 1965, went to the polls and overwhelmingly amended the State Constitution to eliminate all literacy tests for voting, except the ability to read and write. By the Voting Rights Act of 1965, Congress eliminated the use of any literacy test in the State of Mississippi during the next five years. Federal Registrars were provided. In South Carolina v. Katzenbach, 383 U.S. 301, 86 S.Ct. 883, 15 L.Ed.2d 769, the Supreme Court upheld the validity of this federal legislation. The right of any Mississippi citizen, of lawful age and not a convict of felony, to vote is now beyond all controversy or unrest. Picketing to obtain the vote or to encourage others to do so is a thing of the past. This opinion shall constitute our Findings of Fact and Conclusions of Law as provided by Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C. An Order may be submitted dismissing the Complaint. . HOUSE BILL NO. 546 AN ACT to prohibit the unlawful picketing of state buildings, courthouses, public streets, and sidewalks. Be it enacted by the legislature of the state of Mississippi: Section 1. It shall be unlawful for any person, singly or in concert with others, to engage in picketing or mass demonstrations in such a manner as to obstruct or [unreasonably] interfere with free ingress or egress to and from any public premises, State property, county or municipal courthouses, city halls, office buildings, jails, or other public buildings or property owned by the State of Mississippi or any county or municipal government located therein or with the transaction of public business or administration of justice therein or thereon conducted or so as to obstruct or [unreasonably] interfere with free use of pub-lie streets, sidewalks or other public ways adjacent or contiguous thereto. Section 2. Any person guilty of violating this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in jail not more than six (6) months, or both such fine and imprisonment. Section 3. This act shall take effect and be in force from and after its passage. NOTE: The word “unreasonably” in brackets in the text was added by amendment to the Statute on July 9th, 1964. House Bill 546 became Chapter 343 of the Laws of 1964, later codified as § 2318.5 of the Mississippi Code of 1942, annotated. . In summary, at pp. 848 and 849 of 244 F.Supp., the findings were: 1. There was no evidence that there was a plan or a conspiracy on the part of defendants or in the enactment of the statute to suppress, deter, impede or violate any constitutional right of the plaintiffs to free speech, assembly, to register, to vote, or to demonstrate peacefully and lawfully; 2. The plaintiffs deliberately and intententionally blocked the sidewalk and one of the entrances to the Courthouse; and 3. The prosecution for violation of § 2318.5 is in good faith. . Section 2283, 28 U.S.C. A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments. June 25, 1948, c. 646, 62 Stat. 968. . 28 U.S.C. § 2283 (1958 ed.) provides that: A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments. The District Court did not suggest that this statute denied power to issue the injunctions sought. This statute and its predecessors do not preclude injunctions against the institution of state court proceedings, but only bar stays of suits already instituted. See Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed.714. See generally Warren, Federal and State Court Interference, 43 Harv.L.Rev. 345, 366-378 (1930); Note, Federal Power to Enjoin State Court Proceedings, 74 Harv.L.Rev. 726, 728-729 (1961). Since the grand jury was not convened and indictments were not obtained until after the filing of the complaint, which sought interlocutory as well as permanent relief, no state “proceedings” were pending within the intendment of § 2283. To hold otherwise would mean that any threat of prosecution sufficient to justify equitable intervention would also be a “proceeding” for § 2283. Nor are the subsequently obtained indictments “proceedings” against which injunctive relief is precluded by § 2283. The indictments were obtained only because the District Court erroneously dismissed the complaint and dissolved the temporary restraining order issued by Judge Wisdom in aid of the jurisdiction of the District Court properly invoked by the complaint. We therefore find it unnecessary to resolve the question whether suits under 42 U.S.C. § 1983 (1958 ed.) come under the “expressly authorized” exception to § 2283. Compare Cooper v. Hutchinson, 184 F.2d 119, 124 (C.A.3d Cir. 1950), with Smith v. Village of Lansing, 241 F.2d 856, 859 (C.A. 7th Cir. 1957). See Note, 74 Harv.L. Rev. 726, 738 (1961).
COX, District Judge (specially concurring) : This class action involves forty-eight persons who were being prosecuted for the violation of § 2318.5 Mississippi Code 1942, captioned: “Picketing which interferes with ingress and egress to and from public buildings, premises, streets and sidewalks.” The body of the act makes it unlawful “for any person, singularly or in concert with others, to engage in picketing or mass demonstrations in such a manner as to obstruct or unreasonably interfere with free ingress or egress to- and from any public premise, State property, county or municipal ■courthouses, city halls, office buildings, jails or other public buildings or property owned by the State of Mississippi, ■or any county or municipal government located therein, or with the transaction -of public business or administration of justice therein or thereon conducted or so as to obstruct or unreasonably interfere with free use of public streets, sidewalks or other public ways adjacent or ■contiguous thereto [etc.].” These plaintiffs were charged in the state court in the language of the statute with obstructing the sidewalks adjacent to the county ■courthouse building of Forrest County, Mississippi and with blocking the entrances to such building by walking along such narrow walks so close together as to violate this statute. The plaintiffs’ lawyers say that this statute is vulnerable to the “void for vagueness” doctrine. Significantly, not one of the plaintiffs elected to testify that he could not reasonably understand that his conduct was proscribed by that act. It must be and is conclusively presumed that if such had been the facts that at least ■one of the plaintiffs would have so testified. This statute is attended by one of "the strongest known presumptions as to its validity. These plaintiffs well understood that which was proscribed thereby and defiantly persisted in ignoring the request of the sheriff that they desist from walking so close together and that "they picket in a lawful fashion. A statute will not be invalidated as vague simply because difficulty is found in determining whether certain marginal offenses fall within .their language. United States v. National Dairy Products Corporation, 372 U.S. 29, 83 S.Ct. 594, 9 L.Ed.2d 561. In Jordan v. DeGeorge, 341 U.S. 223, 71 S.Ct. 703, 95 L.Ed. 886, this vagueness doctrine was applied to the words “moral turpitude” involved in "the Immigration Act of 1917 [8 U.S.C.A. § 155 (a) ]. The Court said “ [i] mpossible standards of specificity are not required. United States v. Petrillo, 1947, 332 U.S. 1, 67 S.Ct. 1538, 91 L.Ed. 1877. The test is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices. Connally v. General Construction Company, 1926, 269 U.S. 385, 46 S.Ct. 126, 70 L.Ed. 322.” That was not a criminal statute but the penalty involved was deportation or banishment from the country and the Court applied such doctrine thereto and approved said enactment. In Boyce Motor Lines, Inc. v. United States, 342 U.S. 337, 72 S.Ct. 329, 330, 96 L.Ed. 367, it is said: “A criminal statute must be sufficiently definite to give notice of the required conduct to one who would avoid its penalties, and to guide the judge in its application and the lawyer in defending one charged with its violation. But few words possess the precision of mathematical symbols, most statutes must deal with untold and unforeseen variations in factual situations, and the practical necessities of discharging the business of government inevitably limit the specificity with which legislators can spell out prohibitions. Consequently, no more than a reasonable degree of certainty can be demanded. Nor is it unfair to require that one who deliberately goes perilously close to an area of proscribed conduct shall take the risk that he may cross the line.” In Roth v. United States of America, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498, there was involved the question as to the vagueness or not of the Federal Obscenity Statute appearing as 18 U.S. C.A. § 1461. In affirming a conviction, the Court said that many decisions recognize that the terms of obscenity statutes are not precise but said that lack of precision is not itself offensive to the requirements of due process; further saying: * * [T]he Constitution does not require impossible standards’; all that is required is that the language ‘conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices * * United States v. Petrillo, 332 U.S. 1, 7-8, 67 S.Ct. 1538, 1542, 91 L.Ed. 1877 [supra]. These words, applied according to the proper standard for judging obscenity, already discussed, give adequate warning of the conduct proscribed and mark ‘ * * * boundaries sufficiently distinct for judges and juries fairly to administer the law * * That there may be marginal cases in which it is difficult to determine the side of the line on which a particular fact situation falls is no sufficient reason to hold the language too ambiguous to define a criminal offense,” citing many cases. There is nothing in this act or in its enforcement in this case which even remotely relates to impinging upon any First Amendment rights of these plaintiffs. Nobody doubted or questioned or denied the right of these plaintiffs to walk or march or demonstrate as they wished with banners containing protestations of their own choice. But this statute simply made picketing unlawful even for such purpose if it blocked the entrances and impeded or prevented the public its right of ingress and egress to such public building. That is all that is involved in this case. Judge Coleman has properly and correctly answered the questions directed by the Supreme Court of the United States to this Court on its remand of this case; and I concur in that opinion in its entirety.
RIVES, Circuit Judge (dissenting): This suit was initially brought on April 13, 1964, and through appropriate amendments became a class action by the plaintiffs against the defendants under Rule 23, Fed.R.Civ.P. Plaintiffs sought a declaratory judgment that the Mississippi Anti-Picketing statute was unconstitutional. The Mississippi statute is section 2318.5, Mississippi Code Annotated 1942 (1964 sup.). Plaintiffs also sought injunctive relief restraining the future enforcement of section 2318.5, as well as the abatement of prosecutions already instituted under the Bill. A three-judge district court composed of Circuit Judge Rives and District Judges Mize (now deceased) and Cox was convened. The suit was submitted on conflicting affidavits, no live testimony having been taken. On July 11, 1964 the complaint was dismissed by the court. Cameron v. Johnson, 244 F.Supp. 846 (S.D.Miss. 1964). Judge Mize writing for the court held that plaintiffs were not entitled to an injunction even if the statute were unconstitutional, because plaintiffs had “a plain, adequate and complete remedy at law” in the state courts which had not been “exhausted.” 244 F.Supp. at 851, 853. Judge Mize found that it was “not necessary to pass on the constitutionality of this Act [section 2318.5], even though there can be slight doubt as to its constitutionality” and, therefore, held that “it is the duty of the Federal Court to abstain and permit the plaintiffs to pursue their state remedies”. 244 F. Supp. at 851, 855-856. I dissented, stating (244 F.Supp. at 858): “In my opinion, the statute is so clearly unconstitutional that this case is hardly one ‘required * * * to be heard and determined by a district court of three judges,’ ” and concluded that “the statute under attack is clearly unconstitutional, and the plaintiffs are just as clearly entitled to have its enforcement enjoined.” 244 F.Supp. at 858. On appeal the Supreme Court vacated the judgment and remanded the case to the district court, setting two tasks: First, whether under the federal anti-injunction statute an injunction against presently pending criminal cases is barred in this case. Second, whether under the criteria of Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965), an injunction should issue against present, as well as future, enforcement of the statute. Justices Black, Harlan, White and Stewart dissented. Cameron v. Johnson, decided June 7,1965, 381 U.S. 741, 85 S.Ct. 1751, 14 L.Ed.2d 715. Subsequent to the district court’s opinion, all of the state prosecutions involved in this case were removed under 28 U.S.C.A. § 1443 to the federal courts. Following the opinion of the Supreme Court in City of Greenwood v. Peacock, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944 (1966), these cases were remanded to state courts. Hartfield et al. v. State of Mississippi, 363 F.2d 869 (5 Cir. 1966). Judge Mize having died, Circuit Judge Coleman was designated as the third member of the three-judge panel. A full evidentiary hearing was held and the case is now ripe for determination. I. The threshold question is whether the federal anti-injunction statute, 28 U.S.C.A. § 2283 (1965 ed.), bars the granting of injunctive relief in a suit brought under the civil rights statute, 42 U.S.C.A. § 1983 (1964 ed.). Section 2283 reads as follows: “A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” (Emphasis added.) The plaintiffs contend that § 2283 does not proscribe an injunction in the present case, because such relief is “expressly authorized by” § 1983. Section 1983 reads as follows: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.” (Emphasis added.) Since § 1983 authorizes a “suit in equity,” the argument is that it also authorizes injunctive relief. The authorities on this problem are in conflict. I would hold that under the circumstances of this case, if the allegations are proved, § 1983 is an express exception to § 2283. In Cooper v. Hutchinson, 184 F.2d 119 (3 Cir. 1950), the Third Circuit held that § 1983 constituted an express authorization for the granting of an injunction against state court proceedings within the meaning of § 2283. Unfortunately, the Third Circuit merely stated its conclusion without illuminating its rationale. In Smith v. Village of Lansing, 241 F.2d 856 (7 Cir. 1957), and Goss v. State of Illinois, 312 F.2d 257 (7 Cir. 1963), the Seventh Circuit, without considering Cooper, held that section 1983 was not an express exception to section 2283. Neither of these expressions by the Seventh Circuit took time to exhaustively examine the problem or propound a carefully considered rationale. The Sixth Circuit, also without considering Cooper or explaining its reasoning, reached a result consistent with the Seventh Circuit. Sexton v. Barry, 233 F.2d 220 (6 Cir. 1956). The circuit court first to consider this question at length was the Fourth Circuit, sitting en banc, Baines v. City of Danville, 337 F.2d 579 (4 Cir. 1964). In determining that section 1983 was not an express exception to section 2283, the Fourth Circuit reasoned that if section 1983 was read as an express exception to section 2283 there would be little room left in which section 2283 might have an effective field of operation. The Fourth Circuit explained its holding as follows (337 F.2d 579 at 589): “Creation of a general equity jurisdiction is in no sense antipathetic to statutory or judicially recognized limitations upon its exercise. Effective removal of a cause of action from a state court to a federal court is incompatible with further proceedings in the state court, but there is no incompatibility between a generally created equity jurisdiction and particularized limitations which restrict a chancellor’s power or define the limits of his discretion. “The anti-injunction statute can have effective application only with respect to those matters over which the district courts have a general equity jurisdiction. If there is no jurisdiction to grant an injunction of any kind, there is no room for the operation of a narrow statutory prohibition of injunctions having a specified effect. If every grant of general equity jurisdiction created an exception to the anti-injunction statute, the statute would be meaningless.” In Dilworth v. Riner, 343 F.2d 226 (5 Cir. 1965), Judge Bell speaking for the Fifth Circuit recognized the cogency of the Baines rationale as a general proposition. Dilworth held that section 203(a)-(c) of the 1964 Civil Rights Act, 42 U.S. C.A. § 2000a-3(a), was an express exception to section 2283. Section 203 specifically grants the power to issue “a permanent or temporary injunction, restraining order or other order,” where certain rights have been invaded. This specific grant is in stark contrast to the broad general subject matter encompassed in section 1983. However, to be an express exception a statute need not be as clear a grant as section 203 of the 1964 Civil Rights Act, nor need a statute even mention the term injunction. Porter v. Dicken, 328 U.S. 252, 66 S.Ct. 1094, 90 L.Ed. 1203 (1946); Amalgamated Clothing Workers of America v. Richmond Bros. Co., 348 U.S. 511, 75 S.Ct. 452, 99 L.Ed. 600 (1955); Dilworth v. Riner, 343 F.2d 226 (5 Cir. 1965) (dictum); Beal v. Waltz, 309 F.2d 721 (5 Cir. 1962). See also Toucey v. New York Life Insurance Co., 314 U.S. 118, 62 S.Ct. 139, 86 L.Ed. 100 (1941) ; Jacksonville Blow Pipe Co. v. Reconstruction Finance Corp., 244 F.2d 394 (5 Cir. 1957); T. Smith & Son, Inc. v. Williams, 275 F.2d 397 (5 Cir. 1960); Brown v. Wright, 137 F.2d 484 (4 Cir. 1943). The principles rationally extrapolated from the cases creating express exceptions to the prohibition of section 2283 derive content from the concrete situations which gave rise to them. Where a specific, limited and clearly delineated substantive right has been conferred by Congress the courts have found an express exception to section 2283. The express exception is the necessary concomitant of the need to vindicate federally-created rights and is entirely consistent with the history of section 2283. Section 2283 and its predecessors date back to 1793 when Congress enacted an unqualified prohibition on injunctions: “ * * * nor shall a writ of injunction be granted [by any federal court] to stay proceedings in any court of a state ■* * Section 5 of the Act of March 2, 1793, 1 Stat. 335. The scope of this original statute and its successors has been restricted by judicial construction; interestingly, whenever Congress has acted it has always acted to further restrict the scope of the anti-injunction statute. As the Third Circuit said in In re Standard Gas & Electric Co., 139 F.2d 149 (3 Cir. 1943) at 152, “[T]he purpose of its [2283’s] prohibition was to prevent federal courts, when exercising jurisdiction coordinate with state courts, from drawing to themselves the right to determine adverse claims.” Section 2283 is aimed primarily at allowing state courts to proceed to the determination of issues involving state law which might be drawn to the federal courts. The allegations in the instant case show that this Court is asked to vindicate primarily federal rights protected by a specific federal statute. The charge is that section 2318.5 as applied here is a subterfuge for denying plaintiffs their federally protected rights as they relate to voting. The activity engaged in by plaintiffs today has specific federal protection. 42 U.S.C.A. § 1973i(b) states: “(b) No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under sections 1973a (a), 1973d, 1973f, 1973g, 1973h, or 1973j (e) of this title.” The allegation is that the purpose of section 2318.5 and these arrests and prosecutions under that section is to harass and punish the plaintiffs for their participation in the civil rights movement and to deter them, and others similarly-situated, from exercising rights of free speech and assembly guaranteed by the Federal Constitution and the right to urge or aid others to attempt to register and vote guaranteed by federal statute. If this allegation is true, plaintiffs are not asking the federal courts to enjoin the proper application of state law in state courts, but are merely asking that federal rights be vindicated in federal courts which are primarily responsible for protecting those rights. Under these circumstances, section 1983 is and should be an express exception to section 2283. Cox v. State of Louisiana (II), 348 F.2d 750 (5 Cir. 1965). In the second Cox case, the question was whether, under conditions parallel to those alleged here, the litigation could be removed from a state to a federal court. Judge Wisdom, speaking for the Court, addressed himself to the question of whether an injunction against the prosecution could issue. He stated (348 F.2d 750 at 752): S.Ct. 385, 9 L.Ed.2d 390] situation. Here the State, through the parish district attorney, under the guise of protecting the administration of justice, is challenging the Nation on a national policy expressed in the Constitution, carried out by Congress, and validated by the Supreme Court. “A civil complaint asserting such an abuse of the prosecutorial function would state a claim under the Civil Rights Act, 42 U.S.C. § 1983 and justify injunctive relief. Dombrowski v. Pfister, 1965, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22. This is not a Douglas v. City of Jeannette [319 U.S. 157, 63 S.Ct. 877, 87 L.Ed. 1324], Stefanelli [Stefanelli v. Minard, 342 U.S. 117, 72 S.Ct. 118, 96 L.Ed. 138], or Cleary v. Bolger [371 U.S. 392, 83 “The general principle, basic to American Federalism, that United States courts usually should refrain from interfering with state courts’ enforcing local laws is unassailable. But the sharp edge of the Supremacy Clause cuts across all such generalizations. When a State, under the pretext of preserving law and order uses local laws, valid on their face to harass and punish citizens for the exercise of their constitutional rights or federally protected statutory rights, the general principle must yield to the exception: the federal system is imperiled.” Accord, Hillegas v. Sams, 349 F.2d 859 (5 Cir. 1965) (separate opinion of Judge Brown). In McNeese v. Board of Education, 373 U.S. 668 at 671, 672, 83 S.Ct. 1433 at 1435, 10 L.Ed.2d 622 (1963), the Supreme Court said: “That is the statute [1983] that was involved in Monroe v. Pape, 7 Cir., supra [365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492]; and we reviewed its history at length in that case. 365 U.S. at 171, et seq., [81 S.Ct., at 475, et seq.] The purposes were severalfold— to override certain kinds of state laws, to provide a remedy where state law was inadequate, ‘to provide a federal remedy where the state remedy, though adequate in theory, was not available in practice’ (id., 174, 81 S.Ct. 477),. and to provide a remedy in the federal courts supplementary to any remedy any State might have. Id., 180-183, 81 S.Ct. 480-482. “We would defeat those purposes if we held that assertion of a federal claim in a federal court must await an attempt to vindicate the same claim in a state court. The First Congress created federal courts as the chief— though not always the exclusive — tribunals for enforcement of federal rights. * * *" The great danger in federal intervention in state criminal litigation is that it will cause that litigation to be conducted piecemeal. Thus, federal courts have declined to intervene to suppress alleged illegally seized evidence. The defendant must await federal review through certiorari or by habeas corpus. In the instant case, if the plaintiffs succeed, then the litigation, present and future, will be brought to an end. As Judge Wisdom said in the Cox (II) case, 348 F.2d 750-755: “[TJhere is no federal invasion of states’ rights. Instead, there is rightful federal interposition under the Supremacy Clause of the Constitution to protect the individual citizen against state invasion of federal rights.” In City of Greenwood v. Peacock, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944 (1966), the Supreme Court held that prosecutions such as those here involved are not removable under 28 U.S.C.A. § 1443. In so holding, the Supreme Court recognized that under “extraordinary circumstances,” where the state prosecutions are themselves used to intimidate persons in the exercise of their constitutional and federal statutory rights, federal injunctions are available to protect these precious rights. City of Greenwood v. Peacock, 384 U.S. 808, at 829, 86 S.Ct. 1800 (1966). While the Baines case may be correct as a general principle, its reasoning cannot be logically applied to cases involving specific rights clearly and specifically protected under a federal statute. If the allegations made here are true, the officials of the State of Mississippi by bringing or further continuing the prosecutions here involved have committed a federal crime. Would it not be absurd to say that the public officials here involved may be fined $5,000 and imprisoned for 5 years by a federal court, yet that same federal court may not enjoin their commission of that crime and thus prevent their effecting the very injury the statute is designed to prevent? Moreover, section 2283 is not a jurisdictional statute, and in spite of its absolute language does not prevent a federal court from issuing an injunction against a state court proceeding where conditions warrant such relief. Section 2283 is a statutory adoption of the doctrine of comity. Judge Wisdom, writing for the Fifth Circuit in Southern California Petroleum Corp. v. Harper, 273 F.2d 715 (5 Cir. 1960) at 718-719, said: “Section 2283 is essentially a rule of comity, and the demand here that a federal court interfere with state court proceedings is directed to the discretion of the federal court. This discretion should be exercised in the light of the historical reluctance of federal courts to interfere with state judicial proceedings” The Fourth Circuit in Baines v. City of Danville, supra, 337 F.2d at 593, clearly recognized this distinction when it said: “Since the statute was fathered by the principles of comity, it has been held that the statute should be read in the light of those principles and, though absolute in its terms, is inapplicable in extraordinary eases in which an injunction against state court proceedings is the only means of avoiding grave and irreparable injury. In our view, the congressional command ought to be ignored only in the face of the ■most compelling reasons, but we have certainly been told by the Supreme Court that in those circumstances it may be disregarded, for its parentage discloses that it was not intended to be as absolute as it sounds.” Accord: Hulett v. Julian, 250 F.Supp. 208 (M.D.Ala.1966) (three-judge district court); Zellner v. Lingo, 218 F.Supp. 513 (M.D.Ala.1963), aff’d, 334 F.2d 620 (5 Cir. 1964); Feldman v. Pennroad Corp., 60 F.Supp. 716 (D.Del.1945), aff’d, 155 F.2d 733 (3 Cir. 1946), cert. den., 329 U.S. 808, 67 C.Ct. 621, 91 L.Ed. 690 (1947). See also cases collected Baines v. City of Danville, 337 F.2d 579 at 591, n. 10 (4 Cir. 1964). The fact that section 2283 is only a comity statute and does not prevent the issuance of an injunction was recognized by Judge Mize in this case. Cameron v. Johnson, 244 F.Supp. 846 at 851 (S.D. Miss.1964). Therefore, we turn to the only real issue in this case, do the facts as proved require the granting of the relief requested? II. The demonstrations which resulted in the arrest under section 2318.5 had their origin during January of 1964. For several days prior to January 22 the Council of Federated Organizations and others distributed leaflets. These leaflets declared that January 22 would be “freedom day.” A rally was to be held which included picketing the Forrest County Court House in a protest against discrimination in voter registration. On January 22 several hundred persons, Negroes and whites, appeared at the Court House, as did reporters from the local and national press. The County Sheriff designated a “march route” which the demonstrators followed in picketing the Court House. Subsequent to January 22 the picketing of the Court House continued. The area designated by the Sheriff “consisted of three sides, the east, north and west side of the court house.” The demonstrators during this early period sang, chanted, prayed and preached. To facilitate access to the Court House, the Sheriff blocked off a small area to the right of the main entrance to the Court House where the picketers were allowed to continue their activities. The axis of this area of march was an irregularly shaped grassy plot with a flag pole on it.21 It is difficult to verbalize the scene, so a scale drawing is reproduced here for convenience: Picketing continued into April of 1964. All agree that from April 1 until April 11 pickets were present every day except Sundays. From April 1 until April 9 the number varied from 7 to 20. Unlike the earlier mass picketing where hundreds were present, the picketing in April was entirely orderly and quiet. The pickets did not sing, chant, pray or preach. “The only noise” they “made was an occasional comment to one another in normal conversation.” They in no way made any noise that would disturb the transaction of business within the Court House. The pickets marched steadily but slowly. They made it a point to be courteous to persons desiring to pass them and never blocked anyone from passing them. This was the situation that persisted until April 9. On April 9 a small group was picketing the Court House. As was their usual practice, they started “to disband the picket” line around four o’clock. Several police officers arrived and “began to break down the wooden barriers” which had previously delineated their line of march. Sheriff Gray accompanied by Mr. Dukes, the County Prosecuting Attorney, and Deputy Morgan approached the group asking for their attention. A copy of section 2318.5, which had just been passed by the Mississippi legislature and had just been received in Hattiesburg, was read to them. The Sheriff then gave them five minutes in which to disperse, which they did. On the morning of April 10, they assembled shortly after 9 A.M. at the COFO headquarters. They lined up approximately 10 feet apart and walked to the Court House. The pickets arrived at the corner across from the Court House at about 10 A.M. where they found a normal flow of traffic. They “waited to cross the street until the policeman had halted traffic as he did for all pedestrians.” They “crossed with other pedestrians and then began to march in the area previously designated for picketing in a very orderly fashion.” Because of the previous warning they were “more frightened” than before and “for that reason” they “were more orderly and quiet” than previously. This was the largest number of pickets that had. participated in the marching that week. They numbered about 40. After a short time, Sheriff Gray stopped the pickets. The testimony here is in dispute. The defendants’ witnesses testified that Sheriff Gray warned the pickets that they were violating section 2318.-5, and when they failed to disperse he placed them under arrest. Plaintiffs’ witnesses testified that they were placed under arrest without warning or that, in any event, if there was a warning they did not hear it. This large group was then placed in jail for obstructing free ingress to or egress from the Court House. At the time of the arrest the area immediately adjacent to the picketing area was congested with spectators. There were 20 or 25 people standing on the main steps of the Court House and a “tight knot of people” were “blocking the sidewalk.” None of these persons were arrested or asked to move on. Since they were neither “picketing” nor engaging in “mass demonstrations,” they were not subject to section 2318.5. On the afternoon of April 10, Mary Williams and nine other persons were arrested for violating section 2318.5 by peacefully and quietly picketing the area around the flag pole. On April 11 nine more pickets were arrested. Between April 11 and May 18 spasmodic picketing continued without incident. On May 18 a group of nine demonstrators began picketing in the area around the flag pole. They were ordered to cease obstructing ingress to and egress from the Court House. Two of the pickets then left and the other seven were arrested. After May 18 picketing was not resumed. The defendants contend that section 2318.5 is constitutional on its face and that it was properly applied so as to protect the normal, transaction of business in the Court House. The plaintiffs contend that section 2318.5 is unconstitutional on its face and was clearly unconstitutionally applied. I would conclude that an inspection ■of the record in this case clearly shows that section 2318.5 was unconstitutionally applied. Moreover, the application of the statute in this case illustrates how vague the statute really is and compels the conclusion that it is unconstitutional on its face. The main thrust of the defendants’ argument is that the pickets obstructed the entrance to the County Court Room, designated as “B” on the drawing, and the entrance to the Home Demonstration Office, designated as “A” on the drawing. I will treat the Home Demonstration Office first. The Home Demonstration Office is a small office with only one entrance. It has no inside entrance to the interior of the Court House. Mrs. Pearl Burkett is the Home Demonstration Agent. She leaves her office and goes to the County Agent’s office about four or five times each day. To get there, she leaves her office and proceeds along the walk to the main steps of the Court House and proceeds up those steps to the second floor. The sidewalk at one point narrows to as little as 3.8 feet. On the morning of April 10 during the picketing, Mrs. Burkett found it necessary to go to the County Agent’s Office. She testified (Tr. 317): “I started the regular route and they were so close together that I had to wait for just a moment to get in line and I fell in line with them and started weaving back and forth until I reached the front steps and then dropped out of the line.” Her testimony is, of course, the only real testimony of obstruction contained anywhere in the record. While the walkway is wide enough at most points for her to walk past the pickets, for about six feet it is only 3.8 feet wide. To be comfortable one would most likely have to walk single file in line, one person behind another, at that point. Thus, she had to weave back and forth by falling “in line with them” for a few steps. They were not discourteous; she was not bumped or molested; they were peaceful and orderly. Whatever “obstruct” may mean, here, clearly Mrs. Burkett was not blocked or prevented from making her sojourn to the County Agent’s Office. Nor is there a single shred of evidence that the pickets were unwilling to let persons pass at anytime before or during the demonstration. In the past the pickets had seen persons come out of the main steps to the Court House and pass them and the Home Demonstration Office on their way to the parking area behind the Court House. The pickets were never told that they blocked the Home Demonstration Office door. One witness recalled Mrs. Burkett passing them on the way into her office on several mornings. She would greet them “cordially.” Another picket recalled at least three persons “who had easy access to that door [“A”] who walked by me on the way to business in that particular office.” These earlier instances are of continuing importance since Mr. Dukes testified that had the law been in effect, the earlier picketing would have violated it. The problem of blocking the entrance to the County Court Room is even clearer. Reverend Brown, like the other witnesses for the plaintiffs, testified that the entrance to the County Court Room was never blocked. The defense presents an appealing picture as to the blocking of entrance “B”. Mr. Selby Bowling, President of the Forrest County Board of Supervisors, was attracted by “curiosity as much as anything else” to the steps of the Court House on the morning of April 10th, where he watched the arrest of the demonstrators who he described as a “nuisance.” The reason entrance “B” must be kept open is, according to Mr. Bowling, that “there are a lot of elderly people who use that and catch the elevator to go to the second floor.” This use of the ground floor elevator, in his “opinion,” was prevented by the pickets. Of course, the Court House is symmetrical and there is an entrance to the County Court Room, identical to the one marked “B”, on the opposite side of the Court House steps, which entrance is marked “R” in the drawing, p. 888, supra. This entrance was in no way affected by the picketing. Surely we cannot silence a peaceful group in the orderly exercise of their freedom of speech just because they pass in front of one of several entrances to a court house. Here, entrance “R” was available, or the main entrance, or even the back entrance from the parking lot. The only evidence in this record of this blockage of entrance is the testimony of Mr. Dukes, who testified that, prior to the arrests on the morning of April 10, he tested the obstruction by attempting to walk against the current of the line of pickets. He said he could not. I do not find this testimony sufficient to overcome the weight of all the other testimony contained in this record. The danger occasioned by section 2318.-5 is made even more evident when we examine the further arrests made on the afternoon of April 10, on April 11, and on May 18, not one of which groups exceeded 10 persons. These pickets were arrested because they walked so closely together that no one could pass between them, thus they obstructed ingress to and egress from the Court House. Picture 10 persons walking very closely together, which would occupy a space of about 16 to 20 feet. Now picture this group at the point where I have marked “T” on the drawing, just above and to the left of the flag pole. If they were there, the entire remainder of their route would be left open both in front and in back. Can these people logically be arrested for obstructing points “B” and “A” when the majority of their time in walking about the flag pole will leave the walkways totally unobstructed? I think not. To illustrate, take the group arrested on the afternoon of April 10. Mrs. Mary Williams went to the Court House with a group of nine other persons, ranging in age up to 18 or 21. The 10 of them then proceeded to picket around the flag pole. Mrs. Williams testified (Tr. 157): “Q. Did anybody try to go in or out of the court house while you all were there ? “A. No, they didn’t, was’nt no one there to enter the court house, we were just on the line picketing.” They were arrested for obstructing ingress to and egress from the Court House under section 2318.5. With these facts in mind, I think the law on this subject clearly compels the conclusion that section 2318.5 and its application in this case are unconstitutional. This case is strikingly similar to Cox v. State of Louisiana (I), 379 U.S. 536, 85 S.Ct. 453, 13 L.Ed.2d 471 (1965), where the Supreme Court was called upon to consider the constitutionality of a statute forbidding the obstructing of public passages. There was no doubt in Cox (J) that the sidewalk across from the Court House “was obstructed, and thus, as so construed, appellant violated the statute.” 379 U.S. at 553, 85 S.Ct. at 464. The Court rejected the idea “that the First and Fourteenth Amendments afford the same kind of freedom to those who would communicate ideas by conduct such as patrolling, marching, and picketing on streets and highways, as these amendments afford to those who communicate ideas by pure speech.” 379 U.S. at 555, 85 S.Ct. at 465. Nonetheless, the statute in question was held invalid. The operative fact that made the statute unconstitutional was the overly-broad reach that allowed city officials to choose which demonstrations would be permitted. 379 U.S. at 557, 85 S.Ct. 453. Cf. Ashton v. Kentucky, 384 U.S. 195, 86 S.Ct. 1407, 16 L.Ed.2d 469 (1966), and cases there cited. In the instant case, the same condition prevails. A single picket could be viewed as obstructing ingress and egress because for an instant he blocked entrance “A” or “B” to the Court House. Such an application of section 2318.5 is no more unlikely than that 10 persons would be so charged when they could only block free and unfettered access to “A” or “B” for an instant and leave it unblocked for substantial periods. These arrests were made at a time when not a single person desired access to entrances “A” or “B.” What the Supreme Court said in Cox (I), I think, is equally applicable here (379 U.S. at 557-558, 85 S.Ct. at 466): “It is clearly unconstitutional to enable a public official to determine which expressions of view will be permitted and which will not or to engage in invidious discrimination among persons or groups either by use of a statute providing a system of broad discretionary licensing power or, as in this case, the equivalent of such a system by selective enforcement of an extremely broad prohibitory statute.” This situation must be distinguished from the precisely drawn, narrow statutes that have been consistently and carefully applied. About such statutes the Supreme Court in Cox (I) said: “It is, of course, undisputed that appropriate, limited discretion, under properly drawn statutes or ordinances, concerning the time, place, duration, or manner of use of the streets for public assemblies may be vested in administrative officials, provided that such limited discretion is ‘exercised with “uniformity of method of treatment upon the facts of each application, free from improper or inappropriate considerations and from unfair discrimination” * * * [and with] a “systematic, consistent and just order of treatment, with reference to the convenience of public use of the highways * * ’ Cox v. State of New Hampshire, supra, [312 U.S. 569], at 576 [61 S.Ct. 762, at 766, 85 L.Ed. 1049]. See Poulos v. New Hampshire, supra [345 U.S. 395, 73 S.Ct. 760, 97 L.Ed. 1105]” (Emphasis added.) 379 U.S. at 558, 85 S.Ct. at 466. Perhaps the Constitution allows broader power to be vested in public officials where they have showed themselves to be “consistent and just,” with a “uniformity of method,” “free from improper” “considerations” or “unfair discrimination,” but the record in the present case clearly will not support such a grant. If we are not blinded by the one large group of pickets arrested, but take the entire record, we must see to what great abuse this broad grant of power is subject. This is a case of selective enforcement. While not all pickets were arrested on each occasion, the arrests were frequent enough to have the desired effect. By May 18 this “nuisance” was eliminated. If there is anything “consistent” or if any “uniformity” appears in this record, it is that section 2318.5 was consistently used to harass the civil rights’ movement in Hattiesburg. Contrary to Judge Coleman’s opinion, I think that the Florida statute sustained in the five-to-four decision in Adderley et al. v. State of Florida, (1966) 385 U.S. 39, 87 S.Ct. 242, 17 L.Ed.2d 149, was not so vague as the statute here involved. That is so because here the statute requires no specific intent, while in Adderley the trespass must have been “with a malicious and mischievous intent.” “Malicious” and “mischievous” were fully defined by the trial court, and Mr. Justice Black wrote for the majority that the use of those terms made the meaning of the statute “more understandable and clear”: “Petitioners seem to argue that the Florida trespass law is void for vagueness because it requires a trespass to be ‘with a malicious and mischievous intent * * *.’ But these words do not broa