Zwickler v. Koota

ROSLING, District Judge.

The mandate of the Supreme Court upon reversal in the context of its opinion 1 requires this three-judge court to determine whether the facts alleged in the plaintiff Zwickler’s complaint disclose a controversy with the defendant District Attorney of sufficient substance to warrant the award of a declaratory judgment. Should we so hold we are called upon then to adjudicate whether the New York statute which plaintiff impugns is so “repugnant to the guarantees of free expression secured by the Federal Constitution” that it should be voided, with or without a grant of…