# Dyson v. Stein/Opinion of the Court

* Court Documents
* Case Syllabus
* Per Curiam Opinion of the Court
* Concurring Opinion White
* Dissenting Opinion Douglas
United States Supreme Court
401 U.S. 200
Dyson v. Stein
Argued: Nov. 16, 1970. --- Decided: Feb 23, 1971
The appellee, Stein, published a biweekly newspaper, the Dallas Notes. Stein was charged with two violations of Art. 527, § 1, of the Vernon's Ann. Texas Penal Code, which then prohibited, among other things, the possession of obscene materials. While these two cases were pending in state courts, Stein brought the present action in a federal district court under 42 U.S.C. §§ 1983, 1985, representing himself and a class consisting of present and future employees of and contributors to his newspaper. The defendants were the district attorney of Dallas County, and the Dallas chief of police. He sought
'(P)ermanent injunctive relief against the Dallas Police Department, requiring that * * * there be no arrest of plaintiff, nor seizure of his property on grounds of obscenity without a prior judicial determination of the obscene character of the material in question; * * *
'* * * That the Court adjudge, decree and declare the rights of the parties with respect to the application of Article 527 of the Texas Penal Code;
'* * * That the Court grant such other and further relief as is just and equitable.'
A three-judge court was convened. 28 U.S.C. § 2284. That court refused to require a hearing on the obscene character of the material before its seizure and the arrest of the plaintiff. It held that the request for such relief was 'based on the alleged harassment and * * * not an attack upon the constitutionality of a statute.' The court went on to emphasize that its consideration did 'not in any way involve an appraisal of the constitutionality of the application of Article 527 to Plaintiff. Our sole concern is the determination of whether the statute is constitutionally defective on its face.' The three-judge court then turned to the statute itself, and held that §§ 1 and 2 were unconstitutional, and that § 3 would be constitutional only if the definition of obscenity were changed somewhat. The court issued appropriate declaratory and injunctive relief effectuating its conclusions. 300 F.Supp. 602 (D.C., 1969). Texas officials appealed, and we noted probable jurisdiction. 396 U.S. 954, 90 S.Ct. 428, 24 L.Ed.2d 419 (1969).
Today we have again stressed the rule that federal intervention affecting pending state criminal prosecutions, either by injunction or by declaratory judgment, is proper only where irreparable injury is threatened. Douglas v. City of Jeannette, 319 U.S. 157, 63 S.Ct. 877, 87 L.Ed. 1324 (1943). The existence of such injury is a matter to be determined carefully under the facts of each case. In this case the District Court made no findings of any irreparable injury as defined by our decisions today; therefore, the judgment of the District Court is vacated and the case is remanded for reconsideration in light of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669, and Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688. See also Boyle v. Landry, 401 U.S. 77, 91 S.Ct. 758, 27 L.Ed.2d 696.
It is so ordered.
Vacated and remanded.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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