[2] Demonstrators against the war in Vietnam were arrested for disturbing the peace after they appeared with antiwar placards at the edge of a crowd attending a speech by President Johnson at Fort Hood, Texas.

Plaintiffs, conceding that there was no remaining controversy as to the prosecution of the state charges, asked that the district court grant relief against enforcement of the statute because of its unconstitutionality.

[3] After the Texas Legislature at its next session took no action with respect to the statute, the District Court entered no further order of any kind.

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 .

"[4] The county officials took a direct appeal to the United States Supreme Court under 28 U.S.C.

[1] The Court stated that § 1253 provided for a direct appeal to it only from an order granting or denying an injunction.

Justice Byron White, joined by Justice William J. Brennan Jr., joined in the opinion of the court, but expressed the view that the District Court's opinion should have been viewed as having the operative effect of a declaratory judgment invalidating the Texas disturbing-the-peace statute, so that the state was entitled to have that phase of the case reviewed by the United States Court of Appeals.

[5] Companion cases, Dial v. Fontaine,[6] and Hutcherson v. Lehtin[7] were each dismissed in a one-line per curiam opinions citing Gunn.