Mr. Justice Stewart

delivered the opinion of the Court.

The petitioners, 187 in number, were convicted in a magistrate’s court in Columbia, South Carolina, of the *230common-law crime of breach of the peace. Their convictions were ultimately affirmed by the South Carolina Supreme Court, 239 S. C. 339, 123 S. E. 2d 247. We granted certiorari, 369 U. S. 870, to consider the claim that these convictions cannot be squared with the Fourteenth Amendment of the United States Constitution.

There was no substantial conflict in the trial evidence.1 Late in the morning of March 2, 1961, the petitioners, high school and college students of the Negro race, met at the Zion Baptist Church in Columbia. From there, at about noon, they walked in separate groups of about 15 to the South Carolina State House grounds, an area of two city blocks open to the general public. Their purpose was “to submit a protest to the citizens of South Carolina, along with the Legislative Bodies of South Carolina, our feelings and our dissatisfaction with the present condition of discriminatory actions against Negroes, in general, and to let them know that we were dissatisfied and that we would like for the laws which prohibited Negro privileges in this State to be removed.”

Already on the State House grounds when the petitioners arrived were 30 or more law enforcement officers, who had advance knowledge that the petitioners were coming.2 Each group of petitioners entered the grounds through a driveway and parking area known in the record as the “horseshoe.” As they entered, they were told by the law enforcement officials that “they had a right, as a citizen, to go through the State House grounds, as any other citizen has, as long as they were peaceful.” Dur*231ing the next half hour or 45 minutes, the petitioners, in the same small groups, walked single file or two abreast in an orderly way3 through the grounds, each group carrying placards bearing such messages as “I am proud to be a Negro” and “Down with segregation.”

During this time a crowd of some 200 to 300 onlookers had collected in the horseshoe area and on the adjacent sidewalks. There was no evidence to suggest that these onlookers were anything but curious, and no evidence at all of any threatening remarks, hostile gestures, or offensive language on the part of any member of the crowd. The City Manager testified that he recognized some of the onlookers, whom he did not identify, as “possible trouble makers,” but his subsequent testimony made clear that nobody among the crowd actually caused or threatened any trouble.4 There was no obstruction of pedes*232trian or vehicular traffic within the State House grounds.5 No vehicle was prevented from entering or leaving the horseshoe area. Although vehicular traffic at a nearby street intersection was slowed down somewhat, an officer was dispatched to keep traffic moving. There were a number of bystanders on the public sidewalks adjacent to the State House grounds, but they all moved on when asked to do so, and there was no impediment of pedestrian traffic.6 Police protection at the scene was at all *233times sufficient to meet any foreseeable possibility of disorder.7

In the situation and under the circumstances thus described, the police authorities advised the petitioners that they would be arrested if they did not disperse within 15 minutes.8 Instead of dispersing, the petitioners engaged in what the City Manager described as “boisterous,” “loud,” and “flamboyant” conduct, which, as his later testimony made clear, consisted of listening to a “religious harangue” by one of their leaders, and loudly singing “The Star Spangled Banner” and other patriotic and religious songs, while stamping their feet and clapping their hands. After 15 minutes had passed, the police arrested the petitioners and marched them off to jail.9

*234Upon this evidence the state trial court convicted the petitioners of breach of the peace, and imposed sentences ranging from a $10 fine or five days in jail, to a $100 fine or 30 days in jail. In affirming the judgments, the Supreme Court of South Carolina said that under the law of that State the offense of breach of the peace “is .not susceptible of exact definition,” but that the “general definition of the offense” is as follows:

“In general terms, a breach of the peace is a violation of public order, a disturbance of the public tranquility, by any act or conduct inciting to violence ... , it includes any violation of any law enacted to preserve peace and good order. It may consist of an act of violence or an act likely to produce violence. It is not necessary that the peace be actually broken to lay the foundation for a prosecution for this offense. If what is done is unjustifiable and unlawful, tending with sufficient directness to break the peace, no more is required. Nor is actual personal violence an essential element in the offense. . . .

“By ‘peace/ as used in the law in this connection, is meant the tranquility enjoyed by citizens of a municipality or community where good order reigns among its members, which is the natural right of all persons in political society.” 239 S. C., at 343-344, 123 S. E. 2d, at 249.

The petitioners contend that there was a complete absence of any evidence of the commission of this offense, and that they were thus denied one of the most basic ele*235ments of due process of law. Thompson v. Louisville, 362 U. S. 199; see Garner v. Louisiana, 368 U. S. 157; Taylor v. Louisiana, 370 U. S. 154. Whatever the merits of this contention, we need not pass upon it in the present case. The state courts have held that the petitioners’ conduct constituted breach of the peace under state law, and we may accept their decision as binding upon us to that extent. But it nevertheless remains our duty in a case such as this to make an independent examination of the whole record. Blackburn v. Alabama, 361 U. S. 199, 205, n. 5; Pennekamp v. Florida, 328 U. S. 331, 335; Fiske v. Kansas, 274 U. S. 380, 385-386. And it is clear to us that in arresting, convicting, and punishing the petitioners under the circumstances disclosed by this record, South Carolina infringed the petitioners’ constitutionally protected rights of free speech, free assembly, and freedom to petition for redress of their grievances.

It has long been established that these First Amendment freedoms are protected by the Fourteenth Amendment from invasion by the States. Gitlow v. New York, 268 U. S. 652; Whitney v. California, 274 U. S. 357; Stromberg v. California, 283 U. S. 359; De Jonge v. Oregon, 299 U. S. 353; Cantwell v. Connecticut, 310 U. S. 296. The circumstances in this case reflect an exercise of these basic constitutional rights in their most pristine and classic form. The petitioners felt aggrieved by laws of South Carolina which allegedly “prohibited Negro privileges in this State.” They peaceably assembled at the site of the State Government10 and there peaceably expressed their grievances “to the citizens of South Carolina, along with the Legislative Bodies of South Carolina.” *236Not until they were told by police officials that they must disperse on pain of arrest did they do more. Even then, they but sang patriotic and religious songs after one of their leaders had delivered a “religious harangue.” There was no violence or threat of violence on their part, or on the part of any member of the crowd watching them. Police protection was “ample.”

This, therefore, was a far cry from the situation in Feiner v. New York, 340 U. S. 316, where two policemen were faced with a crowd which was “pushing, shoving and milling around,” id., at 317, where at least one member of the crowd “threatened violence if the police did not act,” id., at 317, where “the crowd was pressing, closer around petitioner and the officer,” id., at 318, and where “the speaker passes the bounds of argument or persuasion and undertakes incitement to riot.” Id., at 321. And the record is barren of any evidence of “fighting words.” See Chaplinsky v. New Hampshire, 315 U. S. 568.

We do not review in this case criminal convictions resulting from the evenhanded application of a precise and narrowly drawn regulatory statute evincing a legislative judgment that certain specific conduct be limited or proscribed. If, for example, the petitioners had been convicted upon evidence that they had violated a law regulating traffic, or had disobeyed a law reasonably limiting the periods during which the State House grounds were open to the públic, this would be a different case.11 *237See Cantwell v. Connecticut, 310- U. S. 296, 307-308; Garner v. Louisiana, 368 U. S. 157, 202 (concurring opinion). These petitioners were convicted of an offense so generalized as to be, in the words of the South Carolina Supreme Court, “not susceptible of exact definition.” And they were convicted upon evidence which showed no more than that the opinions which they were peaceably expressing were sufficiently opposed to the views of the majority of the community to attract a crowd and necessitate police protection.

The Fourteenth Amendment does not permit a State to make criminal the peaceful expression of unpopular views. “[A] function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech . . . is . . . protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. . . . There is no room under our Constitution for a more re*238strictive view. For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.” Terminiello v. Chicago, 337 U. S. 1, 4-5. As in the Terminiello ease, the courts of South Carolina have defined a criminal offense so as to permit conviction of the petitioners if their speech “stirred people to anger, invited public dispute, or brought about a condition of unrest. A conviction resting on any of those grounds may not stand.” Id,., at 5.

As Chief Justice Hughes wrote in Stromberg v. California, “The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic, is a fundamental principle of our constitutional system. A statute which upon its face, and as authoritatively construed, is so vague and indefinite as to permit the punishment of the fair use of this opportunity is repugnant to the guaranty of liberty contained in the Fourteenth Amendment. .- . .” 283 U. S. 359, 369.

For these reasons we conclude that these criminal convictions cannot stand.

Reversed.

Mr. Justice Clark,

dissenting.

The convictions of the petitioners, Negro high school and college students, for breach of the peace under South Carolina law are accepted by the Court “as binding upon us to that extent” but are held violative of “petitioners’ constitutionally protected rights of free speech, free assembly, and freedom to petition for redress of their grievances.” Petitioners, of course, had a right to peaceable assembly, to espouse their cause and to petition, but in my view the manner in which they exercised those rights was by no means the passive demonstration which this Court relates; rather, as the City Manager of Columbia *239testified, “a dangerous situation was really building up” which South Carolina’s courts expressly found had created “an actual interference with traffic and an imminently threatened disturbance of the peace of the community.” 1 Since the Court does not attack the state courts’ findings and accepts the convictions as “binding” to the extent that the petitioners’ conduct constituted a breach of the peace, it is difficult for me to understand its understatement of the facts and reversal of the convictions.

The priceless character of First Amendment freedoms cannot be gainsaid, but it does not follow that they are absolutes immune from necessary state action reasonably designed for the protection of society. See Cantwell v. Connecticut, 310 U. S. 296, 304 (1940); Schneider v. State, 308 U. S. 147, 160 (1939). For that reason it is our duty to consider the context in which the arrests here were made. Certainly the city officials would be constitutionally prohibited from refusing petitioners access to the State House' grounds merely because they disagreed with their views. See Niemotko v. Maryland, 340 U. S. 268 (1951). But here South Carolina’s courts have found: “There is no indication whatever in this case that the acts of the police officers were taken as a subterfuge or excuse for the suppression of the appellants’ views and opinions.”2 It is undisputed that the city officials specifically granted petitioners permission to assemble, imposing only the requirement that they be “peaceful.” Petitioners then gathered on the State House grounds, during a General Assembly session, in a large number of almost 200, marching and carrying placards with slogans *240such as “Down with segregation”- and “'You may jail our bodies but not our souls.” Some of them were singing.

The activity continued for approximately 45 minutes, during the busy noon-hour period, while a crowd of some 300 persons congregated in front of the State House and around the area directly in front of its entrance, known as the “horseshoe,” which was used for vehicular as well as pedestrian ingress and egress. During this time there were no efforts made by the city officials to hinder the petitioners in their rights of free speech and assembly; rather, the police directed their efforts to the traffic problems resulting from petitioners’ activities. It was only after the large crowd had gathered, among which the City Manager and Chief of Police recognized potential troublemakers, and which together with the students had become massed on and around the “horseshoe” so closely that vehicular and pedestrian traffic was materially impeded,3 *241that any action against the petitioners was taken. Then the City Manager, in what both the state intermediate and Supreme Court found to be the utmost good faith, decided that danger to peace and safety was imminent. Even at this juncture no orders were issued by the City Manager for the police to break up the crowd, now about 500 persons, and no arrests were made. Instead, he approached the recognized leader of the petitioners and requested him to tell the various groups of petitioners to disperse within 15 minutes, failing which they would be arrested. Even though the City Manager might have been honestly mistaken as to the imminence of danger, this was certainly a reasonable request by the city’s top executive officer in an effort to avoid a public brawl. But the response of petitioners and their leader was defiance rather than cooperation. The leader immediately moved from group to group among the students, delivering a “harangue” which, according to testimony in the record, “aroused [them] to a fever pitch causing this boisterousness, this singing and stomping.”

For the next 15 minutes the petitioners sang “I Shall Not Be Moved” and various religious songs, stamped their feet, clapped their hands, and conducted what the South Carolina Supreme Court found to be a “noisy demonstration in defiance of [the dispersal] orders.” 239 S. C. 339, 345, 123 S. E. 2d 247, 250. Ultimately, the petitioners were arrested, as they apparently planned from the beginning, and convicted on evidence the sufficiency of which the Court does not challenge. The question thus seems to me whether a State is constitutionally prohibited from enforcing laws to prevent breach of the peace in a situation where city officials in good faith believe, and the record shows, that disorder and violence are imminent, merely because the activities constituting that breach contain claimed elements of constitutionally protected speech *242and assembly. To me the answer under our cases is clearly in the negative.

Beginning, as did the South Carolina courts, with the premise that the petitioners were entitled to assemble and voice their dissatisfaction with segregation, the enlargement of constitutional protection for the conduct here is as fallacious as would be the conclusion that free speech necessarily includes the right to broadcast from a sound truck in the public streets. Kovacs v. Cooper, 336 U. S. 77 (1949). This Court said in Thornhill v. Alabama, 310 U. S. 88, 105 (1940), that “[t]he power and the duty of the State to take adequate steps to preserve the peace and to protect the privacy, the lives, and the property of its residents cannot be doubted.” Significantly, in holding that the petitioner’s picketing was constitutionally protected in that case the Court took pains to differentiate it from “picketing en masse or otherwise conducted which might occasion . . . imminent and aggravated danger . . . .” Ibid. Here the petitioners were permitted without hindrance to exercise their rights of free speech and assembly. Their arrests occurred only after a situation arose in which the law-enforcement officials on the scene considered that a dangerous disturbance was imminent.4 The County Court found that “ [t]he evi*243dence is clear that the officers were motivated solely by a proper concern for the preservation of order and the protection of the general welfare in the face of an actual interference with traffic and an imminently threatened disturbance of the peace of the community.” 5 In affirming, the South Carolina Supreme Court said the action of the police was “reasonable and motivated solely by a proper concern for the preservation of order and prevention of further interference with traffic upon the public streets and sidewalks.” 239 S. C., at 345, 123 S. E. 2d, at 249-250.

In Cantwell v. Connecticut, supra, at 308, this Court recognized that “[w]hen clear and present danger of riot, disorder, interference with traffic upon the public streets, or other immediate threat to public safety, peace, or order, appears, the power of the State to prevent or punish is obvious.” And in Feiner v. New York, 340 U. S. 315 (1951), we upheld a conviction for breach of the peace in a situation no more dangerous than that found here. There the demonstration was conducted by only one person and the crowd was limited to approximately 80, as compared with the present lineup of some 200 demonstrators and 300 onlookers. There the petitioner was “endeavoring to arouse the Negro people against the whites, urging that they rise up in arms and fight for equal rights.” Id., at 317. Only one person — in a city having an entirely differ*244ent historical background — was exhorting adults. Here 200 youthful Negro demonstrators were being aroused to a “fever pitch” before a crowd of some 300 people who undoubtedly were hostile. Perhaps their speech was not so animated but in this setting their actions, their placards reading “You may jail our bodies but not our souls” and their chanting of “I Shall Not Be Moved,” accompanied by stamping feet and clapping hands, created a much greater danger of riot and disorder. It is my belief that anyone conversant with the almost spontaneous combustion in some Southern communities in such a situation will agree that the City Manager’s action may well have averted a major catastrophe.

The gravity of the danger here surely needs no further explication. The imminence of that danger has been emphasized at every stage of this proceeding, from the complaints charging that the demonstrations “tended directly to immediate violence” to the State Supreme Court’s affirmance on the authority of Feiner, supra. This record, then, shows no steps backward from a standard of “clear and present danger.” But to say that the police may not intervene until the riot has occurred is like keeping out the doctor until the patient dies. I cannot subscribe to such a doctrine. In the words of my Brother Frankfurter:

“This Court has often emphasized that in the exercise of our authority over state court decisions the Due Process Clause must not be construed in an abstract and doctrinaire way by disregarding local conditions. ... It is pertinent, therefore, to note that all members of the New York Court accepted the finding that Feiner was stopped not because the listeners or police officers disagreed with his views but because these officers were honestly concerned with preventing a breach of the peace. . . .

*245“As was said in Hague v. C. I. O., supra, uncontrolled official suppression of the speaker 'cannot be made a substitute for the duty to maintain order.’ 307 U. S. at 516. Where conduct is within the allowable limits of free speech, the police are peace officers for the speaker as well as for his hearers. But the power effectively to preserve order cannot be displaced by giving a speaker complete immunity. Here, there were two police officers present for 20 minutes. They interfered only when they apprehended imminence of violence. It is not a constitutional principle that, in acting to preserve order, the police must proceed against the crowd, whatever its size and temper, and not against the [demonstrators].” 340 U. S., at 288-289 (concurring opinion in Feiner v. New York and other cases decided that day).

I would affirm the convictions.

Opinion of the Court by

Mr. Justice Douglas,

announced by Mr. Chief Justice Burger.

This is a civil suit under § 4 of the Clayton Act, 38 Stat. 731, 15 U. S. C. § 15, for injunctive relief and damages instituted by respondents, who are highway carriers operating in California, against petitioners, who are also highway carriers operating within, into, and from California. Respondents and petitioners are, in other words, competitors. The charge is that the petitioners conspired to monopolize trade and commerce in the transportation of goods in violation of the antitrust laws. The conspiracy alleged is a concerted action by petitioners to institute state and federal proceedings to resist and defeat applications by respondents to acquire operating rights or to transfer or register those rights. These activities, it is alleged, extend to rehearings and to reviews or appeals from agency or court decisions on these matters.

The District Court dismissed the complaint for failure to state a cause of action, 1967 Trade Cas. ¶ 72,298. The Court of Appeals reversed, 432 F. 2d 755. The case is here on a petition for a writ of certiorari, which we granted. 402 U. S. 1008.

The present case is akin to Eastern Railroad Conference v. Noerr Motor Freight, 365 U. S. 127, where a group of trucking companies sued a group of railroads to restrain them from an alleged conspiracy to monopolize *510the long-distance freight business in violation of the antitrust laws and to obtain damages. We held that no cause of action was alleged insofar as it was predicated upon mere attempts to influence the Legislative Branch for the passage of laws or the Executive Branch for their enforcement. We rested our decision on two grounds:

(1) “In a representative democracy such as this, these branches of government act on behalf of the people and, to a very large extent, the whole concept of representation depends upon the ability of the people to make their wishes known to their representatives. To hold that the government retains the power to act in this representative capacity and yet hold, at the same time, that the people cannot freely inform the government of their wishes would impute to the Sherman Act a purpose to regulate, not business activity, but political activity, a purpose which "would have no basis whatever in the legislative history of that Act.” Id., at 137.

(2) “The right of petition is one of the freedoms protected by the Bill of Rights, and we cannot, of course, lightly impute to Congress an intent to invade these freedoms.” Id., at 138.

We followed that view in United Mine Workers v. Pennington, 381 U. S. 657, 669-671.

The same philosophy governs the approach of citizens or groups of them to administrative agencies (which are both creatures of the legislature, and arms of the executive) and to courts, the third branch of Government. Certainly the right to petition extends to all departments of the Government. The right of access to the courts is indeed but one aspect of the right of petition. See Johnson v. Avery, 393 U. S. 483, 485; Ex parte Hull, 312 U. S. 546, 549.

We conclude that it would be destructive of rights of association and of petition to hold that groups with *511common interests may not, without violating the antitrust laws, use the channels and procedures of state and federal agencies and courts to advocate their causes and points of view respecting resolution of their business and economic interests vis-á-vis their competitors.

We said, however, in Noerr that there may be instances where the alleged conspiracy “is a mere sham to cover what is actually nothing more than an attempt to interfere directly with the business relationships of a competitor and the application of the Sherman Act would be justified.” 365 U. S., at 144.

In that connection the complaint in the present case alleged that the aim and purpose of the conspiracy was “putting their competitors, including plaintiff, out of business, of weakening such competitors, of destroying, eliminating and weakening existing and potential competition, and of monopolizing the highway common carriage business in California and elsewhere.”

More critical are other allegations, which are too lengthy to quote, and which elaborate on the “sham” theory by stating that the power, strategy, and resources of the petitioners were used to harass and deter respondents in their use of administrative and judicial proceedings so as to deny them “free and unlimited access” to those tribunals. The result, it is alleged, was that the machinery of the agencies and the courts was effectively closed to respondents, and petitioners indeed became “the regulators of the grants of rights, transfers and registrations” to respondents — thereby depleting and diminishing the value of the businesses of respondents and aggrandizing petitioners’ economic and monopoly power. See Note, 57 Calif. L. Rev. 518 (1969).

Petitioners rely on our statement in Pennington that “Noerr shields from the Sherman Act a concerted effort to influence public officials regardless of intent or purpose.” 381 U. S., at 670. In the present case, however, *512the allegations are not that the conspirators sought “to influence public officials,” but that they sought to bar their competitors from meaningful access to adjudicatory tribunals and so to usurp that decisionmaking process. It is alleged that petitioners “instituted the proceedings and actions . . . with or without probable cause, and regardless of the merits of the cases.” The nature of the views pressed does not, of course, determine whether First Amendment rights may be invoked; but they may bear upon a purpose to deprive the competitors of meaningful access to the agencies and courts. As stated in the opinion concurring in the judgment, such a purpose or intent, if shown, would be “to discourage and ultimately to prevent the respondents from invoking” the processes of the administrative agencies and courts and thus fall within the exception to Noerr.

The political campaign operated by the railroads in Noerr to obtain legislation crippling truckers employed deception and misrepresentation and unethical tactics. We said:

“Congress has traditionally exercised extreme caution in legislating with respect to problems relating to the conduct of political activities, a caution which has been reflected in the decisions of this Court interpreting such legislation. All of this caution would go for naught if we permitted an extension of the Sherman Act to regulate activities of that nature simply because those activities have a commercial impact and involve conduct that can be termed unethical.” 365 U. S., at 141.

Yet unethical conduct in the setting of the adjudicatory process often results in sanctions. Perjury of witnesses is one example. Use of a patent obtained by fraud to exclude a competitor from the market may involve a violation of the antitrust laws, as we held in Walker *513Process Equipment v. Food Machinery & Chemical Corp., 382 U. S. 172, 175-177. Conspiracy with a licensing authority to eliminate a competitor may also result in an antitrust transgression. Continental Ore Co. v. Union Carbide & Carbon Corp., 370 U. S. 690, 707; Harman v. Valley National Bank, 339 F. 2d 564 (CA9 1964). Similarly, bribery of a public purchasing agent may constitute a violation of § 2 (c) of the Clayton Act, as amended by the Robinson-Patman Act. Rangen, Inc. v. Sterling Nelson & Sons, 351 F. 2d 851 (CA9 1965).

There are many other forms of illegal and reprehensible practice which may corrupt the administrative or judicial processes and which may result in antitrust violations. Misrepresentations, condoned in the political arena, are not immunized when used in the adjudicatory process. Opponents before agencies or courts often think poorly of the other’s tactics, motions, or defenses and may readily call them baseless. One claim, which a court or agency may think baseless, may go unnoticed; but a pattern of baseless, repetitive claims may emerge which leads the factfinder to conclude that the administrative and judicial processes have been abused. That may be a difficult line to discern and draw. But once it is drawn, the case is established that abuse of those processes produced an illegal result, viz., effectively barring respondents from access to the agencies and courts. Insofar as the administrative or judicial processes are involved, actions of that kind cannot acquire immunity by seeking refuge under the umbrella of “political expression.”

Petitioners, of course, have the right of access to the agencies and courts to be heard on applications sought by competitive highway carriers. That right, as indicated, is part of the right of petition protected by the First Amendment. Yet that does not necessarily give them immunity from the antitrust laws.

*514It is well settled that First Amendment rights are not immunized from regulation when they are used as an integral part of conduct which violates a valid statute. Giboney v. Empire Storage Co., 336 U. S. 490. In that case Missouri enacted a statute banning secondary boycotts and we sustained an injunction against picketing to enforce the boycott, saying:

“It is true that the agreements and course of conduct here were as in most instances brought about through speaking or writing. But it has never been deemed an abridgment 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. . . . Such an expansive interpretation of the constitutional guaranties of speech and press would make it practically impossible ever to enforce laws against agreements in restraint of trade as well as many other agreements and conspiracies deemed injurious to society.” 336 U. S., at 502.

In Associated Press v. United States, 326 U. S. 1, we held that the Associated Press was not immune from the antitrust laws by reason of the fact that the press is under the shelter of the First Amendment. We said:

“Surely a command that the government itself shall not impede the free flow of ideas does not afford non-governmental combinations a refuge if they impose restraints upon that constitutionally guaranteed freedom. Freedom to publish means freedom for all and not for some. Freedom to publish is guaranteed by the Constitution, but freedom to combine to keep others from publishing is not. Freedom of the press from governmental interference under the *515First Amendment does not sanction repression of that freedom by private interests.” Id., at 20.

Accord, Citizen Publishing Co. v. United States, 394 U. S. 131, 139-140. Cf. Eastern States Lumber Assn. v. United States, 234 U. S. 600.

The rationale of those cases, when applied to the instant controversy, makes the following conclusions clear: (1) that any carrier has the right of access to agencies and courts, within the limits, of course, of their prescribed procedures, in order to defeat applications of its competitors for certificates as highway carriers; and (2) that its purpose to eliminate an applicant as a competitor by denying him free and meaningful access to the agencies and courts may be implicit in that opposition.

First Amendment rights may not be used as the means or the pretext for achieving “substantive evils” (see NAACP v. Button, 371 U. S. 415, 444) which the legislature has the power to control. Certainly the constitutionality of the antitrust laws is not open to debate. A combination of entrepreneurs to harass and deter their competitors from having “free and unlimited access” to the agencies and courts, to defeat that right by massive, concerted, and purposeful activities of the group are ways of building up one empire and destroying another. As stated in the opinion concurring in the judgment, that is the essence of those parts of the complaint to which we refer. If these facts are proved, a violation of the antitrust laws has been established. If the end result is unlawful, it matters not that the means used in violation may be lawful.

What the proof will show is not known, for the District Court granted the motion to dismiss the complaint. We must, of course, take the allegations of the complaint at face value for the purposes of that motion. Walker *516Process Equipment v. Food Machinery & Chemical Corp., 382 U. S., at 174-175. On their face the above-quoted allegations come within the “sham” exception in the Noerr case, as adapted to the adjudicatory process.

Accordingly we affirm the Court of Appeals and remand the case for trial.

So ordered.

Mr. Justice Powell and Mr. Justice Rehnquist took no part in the consideration or decision of this case.

Mr. Justice Stewart,

with whom Mr. Justice Brennan joins,

concurring in the judgment.

In the Noerr case1 this Court held, in a unanimous opinion written by Mr. Justice Black, that a conspiracy by railroads to influence legislative and executive action in order to destroy the competition of truckers in the long-haul freight business was wholly immune from the antitrust laws.2 This conclusion, we held, was required in order to preserve the informed operation of governmental processes and to protect the right of petition guaranteed by the First Amendment.3 Today the Court retreats from Noerr, and in the process tramples upon important First Amendment values. For that reason I cannot join the Court’s opinion.

In Noerr the defendants were joined together in an effort to induce legislative and executive action. Here, *517so the complaint alleges, the defendants (petitioners) have joined to induce administrative and judicial action. The difference in type of governmental body might make a difference in the applicability of the antitrust laws if the petitioners had made misrepresentations of fact or law to these tribunals, or had engaged in perjury, or fraud, or bribery.4 But, contrary to implications in the Court’s opinion, there are in this case no allegations whatever of any such conduct on the part of the petitioners. And, in the absence of such conduct, I can see no difference, so far as the antitrust laws and the First Amendment are concerned, between trying to influence executive and legislative bodies and trying to influence administrative and judicial bodies. NAACP v. Button, 371 U. S. 415; Brotherhood of Railroad Trainmen v. Virginia Bar, 377 U. S. 1; United Mine Workers v. Illinois State Bar Assn., 389 U. S. 217; United Transportation Union v. State Bar of Michigan, 401 U. S. 576.

The Court concedes that the petitioners’ “right of access to the agencies and courts to be heard on applications sought by competitive highway carriers ... is part of the right of petition protected by the First Amendment.” Yet, says the Court, their joint agreement to exercise that right “does not necessarily give them immunity from the antitrust laws.” Ante, at 513. It is difficult to imagine a statement more totally at odds with Noerr. For what that case explicitly held is that the joint exercise of the constitutional right of petition is given immunity from the antitrust laws.

While disagreeing with the Court’s opinion, I would *518nonetheless remand this case to the District Court for trial. The complaint contains allegations that the petitioners have:

1. Agreed jointly to finance and to carry out and publicize a consistent, systematic and uninterrupted program of opposing ‘with or without probable cause and regardless of the merits’ every application, with insignificant exceptions, for additional operating rights or for the registration or transfer of operating rights, before the California PUC, the ICC, and the courts on appeal.

2. Carried out such agreement (a) by appearing as protestants in all proceedings instituted by plaintiffs and others in like position or by instituting complaints in opposition to applications or transfers or registrations; (b) by establishing a trust fund to finance the foregoing, consisting of contributions monthly in amounts proportionate to each defendant’s annual gross income; (c) by publicizing and making known to plaintiffs and others in like position the foregoing program.

Under these allegations, liberally construed, the respondents are entitled to prove that the real intent of the conspirators was not to invoke the processes of the administrative agencies and courts, but to discourage and ultimately to prevent the respondents from invoking those processes. Such an intent would make the conspiracy “an attempt to interfere directly with the business relationships of a competitor and the application of the Sherman Act would be justified.” Eastern Railroad Conference v. Noerr Motor Freight, 365 U. S., at 144.

It is only on this basis that I concur in the judgment of the Court.