Gunn v. University Committee, 399 U.S. 383 (1970)

Gunn v. University Committee

No. 7

Argued January 13-14, 1969
Reargued April 29-30, 1970
Decided June 29, 1970
399 U.S. 383

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

Syllabus

Several appellees, who were protesting American participation in the Vietnam conflict at the edge of a crowd attending a speech by President Johnson in Texas, were arrested and charged with disturbing the peace, in violation of Tex.Pen.Code, Art. 474. Nine days later, they brought this action against appellant state officials asking that a three-judge district court be convened, that enforcement of Art. 474 be enjoined, and that it be declared unconstitutional. A few days later, the state charges were dismissed, on the ground that appellees’ conduct had occurred on a military enclave over which Texas had no jurisdiction. The three-judge court thereafter issued a per curiam opinion, concluding that Art. 474

is . . . unconstitutionally broad. The Plaintiffs herein are entitled to their declaratory judgment to that effect, and to injunctive relief against the enforcement of Article 474 as now worded. . . . However, . . . the mandate shall be stayed and this Court shall retain jurisdiction of the cause pending the next session . . . of the Texas legislature. . . .

Appellants appealed directly to this Court under 28 U.S.C. § 1253.

Held: Since the District Court has issued neither an injunction nor an order granting or denying one, this Court has no jurisdiction under § 1253, which provides for review of orders granting or denying interlocutory or permanent injunctions. Pp. 386-391.

289 F.Supp. 469, dismissed.