In October, 1935, the petitioner discharged Morris Watson, an employee in its New York office. The American Newspaper Guild, a labor organization, filed a charge with the Board alleging that Watson's discharge was in violation of § 7 of the National Labor Relations Act, which confers on employees the right to organize, to form, join, or assist labor organizations to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection; that the petitioner had engaged in unfair labor practices contrary to subsections (1) and (3) of § 8 by interfering with, restraining, or coercing Watson in the exercise of the rights guaranteed him by § 7, and by discriminating against him in respect of his tenure of employment and discouraging his membership in a labor organization.

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Appellant, Dirk De Jonge, was indicted in Multnomah County, Oregon, for violation of the Criminal Syndicalism Law of that State.[1] The Act, which we set forth in *357 the margin, defines "criminal syndicalism" as "the doctrine which advocates crime, physical violence, sabotage or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution." With this preliminary definition the Act proceeds to describe a number of offenses, embracing the teaching of criminal syndicalism, the printing or distribution of books, pamphlets, etc., advocating that doctrine, the organization of a society or assemblage which advocates it, and presiding at or assisting in conducting a meeting of such an organization, society or group. The prohibited acts are made felonies, punishable by imprisonment for not less than one year nor more than ten years, or by a fine of not more than $1,000, or by both.

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A California state law required University of California students to take a course in military science and tactics, the validity of which was by the appellants challenged as repugnant to the Constitution and laws of the United States. The appellants are the above-named minors and the fathers of each as his guardian ad litem and individually. These minors are members of the Methodist Episcopal Church and of the Epworth League and connected religious societies and organizations. Appellants, as members of that church, accept and feel themselves morally, religiously, and conscientiously bound by its tenets and discipline, and holds as a part of his religious and conscientious belief that war, training for war, and military training are immoral, wrong, and contrary to the letter and spirit of His teaching and the precepts of the Christian religion. These students, at the beginning of the fall term in 1933, petitioned the University for exemption from military training and participation in the activities of the training corps upon the ground of their religious and conscientious objection to war and to military training. Their petition was denied. They petitioned the regents that military training be made optional, which the regents refused to do. Then, because of their religious and conscientious objections, they declined to take the prescribed course, and, solely upon that ground, the regents, by formal notification, suspended them from the University, but with leave to apply for readmission at any time conditioned upon their ability and willingness to comply with all applicable regulations of the University governing the matriculation and attendance of students. The University afforded opportunity for education such as could not be had at any other institution in California except at a greater cost which these minors were not able to pay. They were also willing to take as a substitute for military training such other courses as may be prescribed by the University.

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The appellant claims his conviction in a state court deprived him of his liberty contrary to the guarantees of the Fourteenth Amendment. He assigns as error the action of the Supreme Court of Georgia in overruling his claim and refusing him a discharge upon habeas corpus. The petition for the writ, presented to the Superior Court of Fulton County, asserted the appellant was unlawfully detained by the appellee as sheriff under the supposed authority of a judgment pronouncing him guilty of attempting to incite insurrection, as defined in § 56 of the Penal Code, and sentencing him to imprisonment *244 for not less than eighteen nor more than twenty years. Attached were copies of the judgment and the indictment and a statement of the evidence upon which the verdict and judgment were founded. The petition alleged the judgment and sentence were void and appellant's detention illegal because the statute under which he was convicted denies and illegally restrains his freedom of speech and of assembly and is too vague and indefinite to provide a sufficiently ascertainable standard of guilt, and further alleged that there had been no adjudication by any court of the constitutional validity of the statute as applied to appellant's conduct. A writ issued. The appellee answered, demurred specially to, and moved to strike, so much of the petition as incorporated the evidence taken at the trial. At the hearing the statement of the evidence was identified and was conceded by the appellee to be full and accurate. The court denied the motion to strike, overruled the special demurrer and an objection to the admission of the trial record, decided that the statute, as construed and applied in the trial of the appellant, did not infringe his liberty of speech and of assembly but ran afoul of the Fourteenth Amendment because too vague and indefinite to provide a sufficiently ascertainable standard of guilt, and ordered the prisoner's discharge from custody. The appellee took the case to the Supreme Court of Georgia, assigning as error the ruling upon his demurrer, motion, and objection, and the decision against the validity of the statute. The appellant, in accordance with the state practice, also appealed, assigning as error the decision with respect to his right of free speech and of assembly. The two appeals were separately docketed but considered in a single opinion which reversed the judgment on the appellee's appeal and affirmed on that of the appellant,[1] concluding: "Under *245 the pleadings and the evidence, which embraced the record on the trial that resulted in the conviction, the court erred, in the habeas corpus proceeding, in refusing to remand the prisoner to the custody of the officers."

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This case presents the question whether the provisions of the Wisconsin Labor Code which authorize giving publicity to labor disputes, declare peaceful picketing and patrolling lawful and prohibit granting of an injunction against such conduct, violate, as here construed and applied, the due process clause or equal protection clause of the Fourteenth Amendment.

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