In Re Harris

On September 20, 1966, the Grand Jury for the County of Los Angeles returned an indictment in two counts against petitioner charging distribution of leaflets in violation of the California Criminal Syndicalism Act (Pen. Code, § 11401, subd. 3). On December 1, 1966, petitioner’s demurrer to the indictment was overruled and his motion for dismissal was denied. On December 19, 1966, we denied a petition for writ of prohibition. On January 18, 1967, the California Supreme Court denied a petition for hearing. Petitioner then filed a complaint in the United States District Court, Central District of California, pursuant to the Federal Civil Rights Act ( 42 U.S.C. § 1983 ). A three-judge court held the California syndicalism statute unconstitutional on the ground that it is “impermissibly vague and overbroad,” and issued an injunction enjoining the district attorney from its enforcement against petitioner (Harris v. Younger (C.D. Cal. 1968) 281 F.Supp. 507 ). On direct appeal, the United States Supreme Court without reaching the question of the statute’s constitutionality, held that “the judgment of the District Court, enjoining appellant Younger from prosecuting under these…