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Two friends, Steffel and Becker (plaintiffs), were passing out antiwar leaflets in a shopping center. They were threatened with arrest and prosecution for trespassing if they continued. Steffel stopped, but Becker continued and was prosecuted. Steffel and Becker sued in federal court for an injunction against enforcing the criminal trespassing statute against them and sought a declaratory judgment that the statute was being applied in violation of their First Amendment rights. The trial court denied their claims, and the United States Court of Appeals for the Fifth Circuit affirmed. Steffel petitioned the United States Supreme Court for review of the denial of his declaratory judgment claim.
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