Fox v. State of Washington, 236 U.S. 273 (1913). · Go Syfert
Fox v. State of Washington, 236 U.S. 273 (1913). Cases Citing This Book View Copy Cite
220 citation events (24 in the last 25 years) across 67 distinct courts.
Strongest positive: United States v. Tyren Cervenak (ca6, 2025-04-02)
Treatment trajectory · 1915 → 2026 · click a year to view as-of
1915 1970 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Tyren Cervenak
6th Cir. · 2025 · confidence medium
See Soc’y for the Propagation of the Gospel, 22 F. Cas. at 766 (Story, J.) (stating that the federal courts “cannot but entertain the most entire respect and confidence” in state courts); Defiance Water Co. v. City of Defiance, 191 U.S. 184, 194 (1903) (noting “the presumption” that “in all cases . . . the state courts will do what the Constitution and laws of the United States require”); Fox v. Washington, 236 U.S. 273, 277 (1915) (Holmes, J.) (“So far as statutes fairly may be construed in such a way as to avoid doubtful constitutional questions they should be so construed; a…
discussed Cited as authority (rule) United States v. Tyren Cervenak
6th Cir. · 2025 · confidence medium
See Soc’y for the Propagation of the Gospel, 22 F. Cas. at 766 (Story, J.) (stating that the federal courts “cannot but entertain the most entire respect and confidence” in state courts); Defiance Water Co. v. City of Defiance, 191 U.S. 184, 194 (1903) (noting “the presumption” that “in all cases . . . the state courts will do what the Constitution and laws of the United States require”); Fox v. Washington, 236 U.S. 273, 277 (1915) (Holmes, J.) (“So far as statutes fairly may be construed in such a way as to avoid doubtful constitutional questions they should be so construed; a…
discussed Cited as authority (rule) Abbvie Inc. v. Fitch
S.D. Miss. · 2024 · confidence medium
Further, H.B. 728 states that it should not be construed to conflict with federal law, H.B. 728 § 6, and the Court must apply the presumption against preemption to construe state laws not to conflict with federal law when possible, see Fox v. Washington, 236 U.S. 273, 277 (1915) (“So far as statutes fairly may be construed in such a way as to avoid doubtful constitutional questions they should be so construed; and it is to be presumed that state laws will be construed in that way by the state courts.” (citation omitted)).
discussed Cited as authority (rule) Pharmaceutical Research and Manufacturers of America v. Fitch
S.D. Miss. · 2024 · confidence medium
Importantly, H.B. 728 states that it should not be construed to conflict with federal law, H.B. 728 § 6, and the Court must apply the presumption against preemption to construe state laws not to conflict with federal law when possible, see Fox v. Washington, 236 U.S. 273, 277 (1915) (“So far as statutes fairly may be construed in such a way as to avoid doubtful constitutional questions they should be so construed; and it is to be presumed that state laws will be construed in that way by the state courts.” (citation omitted)).
discussed Cited as authority (rule) United States v. State of Texas
5th Cir. · 2024 · signal: cf. · confidence medium
Cf. Fox v. Washington, 236 U.S. 273, 277 (1915) (“So far as statutes fairly may be construed in such a way as to avoid doubtful constitutional questions they should be so construed; and it is to be presumed that state laws will be construed in that way by the state courts” (citation omitted)).
discussed Cited as authority (rule) United States v. Helaman Hansen (2×) also: Cited "see, e.g."
9th Cir. · 2022 · confidence medium
HANSEN 33 material “advocating, encouraging or inciting . . . which shall tend to encourage or advocate disrespect for law” was a common law solicitation or facilitation provision. 236 U.S. 273, 275 (1915) (simplified); see also id. at 277 (recognizing that “encouragements . . . directed to a particular persons’ conduct, generally would make him who uttered them guilty of a misdemeanor if not an accomplice or a principle in the crime encouraged”).
discussed Cited as authority (rule) Arizona v. United States
SCOTUS · 2012 · signal: cf. · confidence medium
Cf. Fox v. Wash- ington, 236 U. S. 273, 277 (1915) (“So far as statutes fairly may be construed in such a way as to avoid doubtful con­ stitutional questions they should be so construed; and it is to be presumed that state laws will be construed in that way by the state courts” (citation omitted)).
discussed Cited as authority (rule) Arizona v. United States (2×)
SCOTUS · 2012 · signal: cf. · confidence medium
Cf. Fox v. Wash- ington, 236 U. S. 273, 277 (1915) (“So far as statutes fairly may be construed in such a way as to avoid doubtful con­ stitutional questions they should be so construed; and it is to be presumed that state laws will be construed in that way by the state courts” (citation omitted)).
discussed Cited as authority (rule) State v. Robins
Wis. · 2002 · confidence medium
It is not "an abridgement of freedom of speech or press to make a course of conduct illegal merely because the conduct was in part initiated, evidenced, or carried out by means of language, either spoken, written, or printed." Id. at 502 (citing Fox v. Washington, 236 U.S. 273, 277 (1915), and Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)). 9 Given today's technology, we would add electronic language to this list. ¶ 43.
discussed Cited as authority (rule) In Re Discipline of Schaefer
Nev. · 2001 · confidence medium
Co., 269 U.S. 385, 391 (1926). 20 United States v. Lanier, 520 U.S. 259, 266 (1997). 21 Lanier, 520 U.S. at 266-67 ; Bouie v. City of Columbia, 378 U.S. 347, 355, 362 (1964); Winters v. New York, 333 U.S. 507, 514-15 (1948) (noting that an individual is “chargeable with knowledge of the scope of subsequent interpretation” of a statute); Minnesota v. Probate Court, 309 U.S. 270 , 273- *512 74 (1940); Lanzetta v. New Jersey, 306 U.S. 451, 456 (1939); Hicklin v. Coney, 290 U.S. 169, 172 (1933); Bandini Co. v. Superior Court, 284 U.S. 8, 17-18 (1931); Fox v. Washington, 236 U.S. 273, 277 (1915…
discussed Cited as authority (rule) State v. Flinn (2×) also: Cited "see"
W. Va. · 1974 · confidence medium
Therefore the argument that this act is both an unjustifiable restriction of liberty and too vague for a criminal law must fail.” Fox v. Washington, supra at 277.
cited Cited as authority (rule) Wainwright v. Stone
SCOTUS · 1973 · confidence medium
Fox v. Washington, 236 U. S. 273, 277 (1915); Beauharnais v. Illinois, 343 U. S. 250, 253 (1952); Mishkin v. New York, 383 U. S. 502, 506 (1966).
discussed Cited as authority (rule) People v. Davis
Cal. · 1968 · confidence medium
(See also section 552.1.) 3 See also Fox v. Washington (1915) 236 U.S. 273, 277 [ 59 L.Ed. 573, 575 , 35 S.Ct. 383 ], affirming a conviction against a claim of vagueness under a state statute which by its terms punished the circulation of publications “having a tendency to encourage or incite the commission of any crime, ’ ’—language which the state court had construed as confined to “encouraging an actual breach of law.” (Italics added.) The accused publication was read as advocating the commission of the clime of indecent exposure.
discussed Cited as authority (rule) Vogel v. County of Los Angeles (2×)
Cal. · 1967 · confidence medium
Fox v. Washington (1915) 236 U.S. 273, 277 [ 59 L.Ed. 573, 575 , 35 S.Ct. 383 ].
discussed Cited as authority (rule) United States v. Ronald Woodard and Ranier Seelig (2×)
7th Cir. · 1967 · confidence medium
He added the following relevant comment: 27 'If the statute should be construed as going no farther than it is necessary to go in order to bring the defendant within it, there is no trouble with it for want of definiteness.' (236 U.S. at p. 277, 35 S.Ct. at p. 384 .) 28 The legislative history of a statute may cast sufficient light to dispel arguments of vagueness.
discussed Cited as authority (rule) Wright v. State
Ga. · 1961 · confidence medium
Whitney v. California, 274 U. S. 357, 368 (47 SC 641, 71 LE 1095); Fox v. Washington, 236 U. S. 273, 276-278 (35 SC 383, 59 LE 573); Miller v. Strahl, 239 U. S. *457 426, 434 (36 SC 147, 60 LE 364); Omaechevarria v. Idaho, 246 U. S. 343, 348 (38 SC 323, 62 LE 763); United States v. Alford, 274 U. S. 264, 267 (47 SC 597, 71 LE 1040).
discussed Cited as authority (rule) Crowe v. County of Wayne (2×)
Mich. · 1961 · confidence medium
Fox v. State of Washington (1915), 236 US 273, 277 ( 35 S Ct 383 , 59 L ed 573).
discussed Cited as authority (rule) In Re Cooper
Cal. · 1960 · confidence medium
(Winters v. New York, 333 U.S. 507, 510, 514-515 [ 68 S.Ct. 665 , 92 L.Ed. 840 ] ; Fox v. Washington, 236 U.S. 273, 277 [ 35 S.Ct. 383 , 59 L.Ed. 573 ].) Smith v. California, 361 U.S. 147 [ 80 S.Ct. 215 , 4 L.Ed.2d 205 ], is not to the contrary, for in that case the state court had interpreted the ordinance there involved as eliminating knowledge of the character of the proscribed literature as an element of the offense, and it was only as so interpreted that the Supreme Court held the ordinance void.
discussed Cited as authority (rule) Garner v. Board of Public Works of Los Angeles (2×)
SCOTUS · 1951 · confidence medium
Fox v. Washington, 236 U. S. 273, 277 (1915).
discussed Cited as authority (rule) Carr v. State
Ga. · 1932 · confidence medium
Cas. 689]; Fox v. Washington, 236 U. S. 273, 276 [35 Sup. Ct. 383, 59 L. ed. 573]; Schenck v. United States, 249 U. S. 47, 52 [39 Sup. Ct. 247, 63 L. ed. 470]; Frohwerk v. United States, 249 U. S. 204, 206 [39 Sup. Ct. 249, 63 L. ed. 561]; Debs v. United States, 249 U. S. 211, 213 [39 Sup. Ct. 252, 63 L. ed. 566]; Schaefer v. United States, 251 U. S. 466, 474 [40 Sup. Ct. 259, 64 L. ed. 360]; Gilbert v. Minnesota, 254 U. S. 325, 332 [41 Sup. Ct. 125, 65 L. ed. 287]; Warren v. United States [ 106 C.
discussed Cited as authority (rule) Miller v. State Board of Dental Examiners
SCOTUS · 1932 · confidence medium
Waters-Pierce Oil Co. v. Texas (No. 1), 212 U. S. 86, 108, 111 ; Fox v. Washington, 236 U. S. 273, 277, 278 ; Miller v. Strahl, 239 U. S. 426, 434 ; Omaechevarria v. Idaho, 246 U. S. 343, 348 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497, 501, 502, 503 ; Sproles v. Binford, 286 U. S. 374, 393 ; Lavine v. California, 286 U. S. 528 .
discussed Cited as authority (rule) Lavine v. California
SCOTUS · 1932 · confidence medium
Waters-Pierce Oil Co. v. Texas (No. 1), 212 U. S. 86, 108-111 ; Fox v. Washington, 236 U. S. 273, 277, 278 ; Miller v. Strahl, 239 U. S. 426, 434 ; Omaechevarria v. Idaho, 246 U. S. 343, 348 ; Hygrade Provision Co. v. Sherman, 266 U. S. 497, 501, 502, 503 .
discussed Cited as authority (rule) People v. Ryan
N.Y. App. Div. · 1930 · confidence medium
(Fox v. Washington, 236 U. S. 273 ; United States v. Delaware & Hudson Co., 213 id. 366, 407 .) We fail to see how it can be said that this provision deprives any one of Ms property without due process of law, or that it is discriminatory, arbitrary or unreasonable.
cited Cited "see" Woodard v. Carteret County
E.D.N.C. · 1966 · signal: see · confidence high
See Fox v. State of Washington, 236 U.S. 273 , 35 S.Ct. 383 , 59 L.Ed. 573 (1915); and Poulos v. State of New Hampshire, 345 U.S. 395, 409 , 73 S.Ct. 760 , 97 L.Ed. 1105 (1953).
discussed Cited "see" Dombrowski v. Pfister (2×)
SCOTUS · 1965 · signal: see · confidence high
See Fox v. Washington, 236 U. S. 273 ; Poulos v. New Hampshire, 345 U. S. 395 .
discussed Cited "see" United States v. Harriss (2×)
SCOTUS · 1954 · signal: see · confidence high
See Fox v. Washington, 236 U. S. 273, 277 .
discussed Cited "see" Dennis v. United States (2×)
SCOTUS · 1951 · signal: see · confidence high
See Fox v. Washington, 236 U. S. 273 ; Meyer v. Nebraska, 262 U. S. 390 ; Bartels v. Iowa, 262 U. S. 404 ; cf. New York ex rel.
cited Cited "see, e.g." State v. Jacobs
Ariz. Ct. App. · 1978 · signal: see, e.g. · confidence low
See e. g., Fox v. Washington, 236 U.S. 273, 277 , 35 S.Ct. 383 , *34 384, 59 L.Ed. 573 ; Chaplinsky v. New Hampshire, 315 U.S. 568 , 62 S.Ct. 766 , 86 L.Ed. 1031 .
discussed Cited "see, e.g." Floyd Woodrow Hines v. J. E. Baker, Warden
10th Cir. · 1970 · signal: see, e.g. · confidence low
See, e. g., Fox v. Washington, 236 U.S. 273 , 35 S.Ct. 383 , 59 L.Ed. 573 ; Smith v. United States, 356 F.2d 868, 870-871 (8th Cir.), cert. denied, 385 U.S. 820 , 87 S.Ct. 44 , 17 L.Ed.2d 58 ; Shaw v. Garrison, D.C.La., 293 F.Supp. 937 , aff’d., 393 U.S. 220 , 89 S.Ct. 453 , 21 L.Ed.2d 392 ; and Dean v. North Carolina, D.C.N.C., 269 F.Supp. 986 ; cf. Jordan v. DeGeorge, 341 U.S. 223 , 71 S.Ct. 703 , 95 L.Ed. 886 . 7 .
cited Cited "see, e.g." Quaker City Motor Parts Co. v. Inter-State Motor Freight System
E.D. Pa. · 1957 · signal: see, e.g. · confidence low
See e. g., Fox v. Washington, 236 U.S. 273, 277 , 35 S.Ct. 383, 384 , 59 L.Ed. 573 : Chaplinsky v. New Hampshire, 315 U S. 568, 62 S.Ct. 766 , 86 L.Ed. 1031 .
discussed Cited "see, e.g." Vogt, Inc. v. International Brotherhood of Teamsters, Local 695 (2×)
Wis. · 1956 · signal: see, e.g. · confidence low
See e. g., Fox v. Washington, 236 U. S. 273, 277 ; Chaplinsky v. New Hampshire, 315 U. S. 568 .
cited Cited "see, e.g." Giboney v. Empire Storage & Ice Co.
SCOTUS · 1949 · signal: see, e.g. · confidence low
See e. g., Fox v. Washington, 236 U. S. 273, 277 ; Chaplinsky v. New Hampshire, 315 U. S. 568 .
cited Cited "see, e.g." State v. Omaechevviaria
Idaho · 1915 · signal: see also · confidence low
See, also, case of Fox v. State of Washington, 236 U. S. 273 , 35 Sup. Ct. 383, 59 L. ed. 000.
Retrieving the full opinion text from the archive…
Jay Fox, Plff. in Err.
v.
State of Washington
134.
Supreme Court of the United States.
Dec 8, 1913.
236 U.S. 273
Mr. Gilbert E. Roe for plaintiff in error:, Mr. W. V. Tanner, Attorney General of the State of Washington, and Mr. Fred G. Remann, for defendant in error.
Holmes.
Cited by 28 opinions  |  Published
Mr. Justice Holmes

delivered the opinion of the court.

This is an information for editing printed matter tending to encourage and advocate disrespect for law contrary to a statute of Washington. The statute is as follows:. “Every person who shall wilfully print, publish, edit, issue,| or knowingly circulate, sell, distribute or display any book, paper, document, or written or printed matter, in any form, advocating, encouraging or inciting, or having a tendency to encourage or incite the commission of any crime, breach of the peace or act of violence, or which shall tend to encourage or advocate disrespect for law or for any court or courts of justice, shall be guilty of a gross[*276] misdemeanor”; Rem. & Bal. Code, § 2564. The defendant demurred on the ground that the act was unconstitutional. The demurrer was overruled and the defendant was tried and convicted. 71 Washington, 185. With regard to the jurisdiction of this court it should be observed that the Supreme Court of the State while affirming that the Constitution of the United States guarantees freedom of speech, held not only that the act was valid in that respect but also that it was not bad for uncertainty, citing Waters-Pierce Oil Co. v. Texas, 212 U. S. 86, so that we gather that the Constitution of the United States and especially the Fourteenth Amendment was relied upon, apart from the certificate of the Chief Justice to that effect. •

The printed matter in question is an article entitled “The Nude and the Prudes” reciting in its earlier part that “Home is a community of free spirits, who came out into the woods to escape the polluted atmosphere of priest-ridden, conventional society”; that “one. of the liberties enjoyed by Homeites was the privilege to bathe in evening dress, or with merely the clothes nature gave them, just as they chose”; but that “eventually a few prudes got into the community and proceeded in the brutal, unneighborly way of the outside world to suppress the people’s freedom,” and that they had four persons arrested on the charge of indecent exposure, followed in two cases, it seems, by sentences to imprisonment. “And the perpetrators of this vile action wonder why they are being boycotted.” — It goes on “The well merited indignation of the people has been aroused. Their liberty has been attacked'. The first step in the way of subjecting the community to all t the persecution of the outside has been taken. If this was let go without resistance the progress of the prudes would be easy.” It then predicts and encourages the boycott of those who thus interfere with the freedom of Home, concluding: “The boycott will be pushed until these invaders will come to see the[*277] brutal mistake of their action and so inform the people. Thus by indirection but' unmistakably the article encourages and incites a persistence in what we must assume would be a breach of the state laws against indecent exposure; and the jury so found.

So far as statutes fairly may be construed in such a way as to avoid doubtful constitutional questions they should be so construed; United States v. Delaware & Hudson Co., 213 U. S. 366, 407, 408; and it is to be presumed that state laws will be construed in that way by the state courts. We understand the state court by implication at least to have read the statute'as confined to encouraging an actual breach of law. Therefore the argument that this act is both an unjustifiable restriction of liberty and too vague for a criminal law must fail, it does not appear and is not likely that the statute will be construed to prevent publications merely because they tend to produce unfavorable opinions of a particular statute or of law in general. In this present case the disrespect for law that was encouraged was disregard of it — an overt breach and technically criminal act. It would be in accord with the usages of English to interpret disrespect as manifested disrespect, as active disregard going beyond the line drawn by the law. That is all that has happened as yet, and we see no reason to believe that the statute will be stretched beyond that point.

If the statute should be construed as going no farther than it is necessary to go in order to bring the defendant within it, there is no trouble with it for want of definiteness. See Nash v. United States, 229 U. S. 373. International Harvester Co. v. Kentucky, 234 U. S. 216. It lays hold of encouragements that, apart from statute, if directed to a particular person’s conduct, generally would make him who uttered them guilty of a misdemeanor if not an accomplice or a principal in the crime encouraged, and deals with the publication of them to a wider and less[*278] selected audience. Laws of this description are not unfamiliar. Of course we have nothing to do with the wisdom of the defendant, the prosecution, or the act. All that concerns us is that it cannot be said, to infringe the Constitution of the United States.'

Judgment affirmed.