Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Golden, Acting District Attorney Of Kings County v. Zwickler

• 1968 • 394 U.S. 103 • Warren Court
The Supreme Court case Golden, Acting District Attorney of Kings County v. Zwickler (1968) revolved around the issue of mootness in a constitutional challenge to a New York statute that criminalized anonymous election leaflets. The respondent, Zwickler, had previously been convicted under this law for distributing anonymous pamphlets criticizing a Congressman during his re-election campaign. After serving his sentence and paying his fine, he brought suit against the petitioner, Golden (the...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Warren Court
Term: 1968
Docket: 370
394 U.S. 103
89 S. Ct. 956
22 L. Ed. 2d 113
1969 U.S. LEXIS 2373
Argued: Jan 16, 1969

Golden, Acting District Attorney Of Kings County v. Zwickler

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

The Supreme Court case Golden, Acting District Attorney of Kings County v. Zwickler (1968) revolved around the issue of mootness in a constitutional challenge to a New York statute that criminalized anonymous election leaflets. The respondent, Zwickler, had previously been convicted under this law for distributing anonymous pamphlets criticizing a Congressman during his re-election campaign. After serving his sentence and paying his fine, he brought suit against the petitioner, Golden (the acting district attorney), seeking declaratory relief and an injunction preventing future prosecutions under this statute. However, by the time the case reached the Supreme Court on appeal from lower courts' decisions favoring Zwickler's claim that such laws violated First Amendment rights to free speech - there was no longer any live controversy as said Congressman had retired from politics permanently. In its decision authored by Justice Brennan Jr., SCOTUS ruled 7-2 in favor of Golden stating that federal courts should not decide abstract or hypothetical questions; they must avoid giving advisory opinions unless there is an actual ongoing dispute between parties with adverse legal interests. Hence it held that since there was no reasonable expectation or demonstrated probability that Zwickler would be subjected again to prosecution under same law due to changed circumstances – hence rendering it moot.

Dissent Summary
AI Abstract

In the dissenting opinion for Golden v. Zwickler, Justice Harlan argued that the majority's decision was based on an overly narrow interpretation of federal jurisdiction and mootness doctrine. He contended that there was a reasonable expectation or demonstrated probability that the same controversy could recur involving the same complaining party, thus making it not moot. Furthermore, he disagreed with their view about "chilling effect" on First Amendment rights as being speculative; instead he believed such chilling effects were real and substantial enough to warrant judicial intervention even in absence of immediate threat of prosecution. Lastly, Justice Harlan criticized his colleagues' reluctance to exercise federal jurisdiction over state officials when constitutional issues are at stake - a stance which according to him undermined national supremacy in matters pertaining to individual liberties under Constitution.

Opinion written by Justice WJBrennan
Decided: Mar 03, 1969
PDF viewer is not available.
Oral Transcript
Argued: Oct 05, 2026
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms