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Schacht v. United States, 398 U.S. 58 (1970)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Schacht v. United States, 398 U.S. 58 (1970)
Schacht v. United States No. 628 Argued March 31, 1970 Decided May 25, 1970 398 U.S. 58
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Petitioner, who participated in a skit performed several times in front of an Armed Forces induction center demonstrating opposition to American involvement in the Vietnam conflict, was convicted by a jury of violating 18 U.S.C. § 702, which makes criminal the unauthorized wearing of an American military uniform or part thereof. Petitioner alleged that he was authorized to wear the uniform by 10 U.S.C. § 772(f), which permits wearing of a uniform while one is portraying a member of an armed force in a theatrical or motion picture production "if the portrayal does not tend to discredit that armed force." His conviction was affirmed by the Court of Appeals, and he filed a petition for certiorari after the time specified in Supreme Court Rule 22(2) had expired.
Held:
1. The street skit in which petitioner participated was a "theatrical production" within the meaning of § 772(f). Pp. 61-62.
2. The words "if the portrayal does not tend to discredit that armed force" in § 772(f) impose an unconstitutional restraint on freedom of speech, and must be stricken from the section to preserve its constitutionality. Pp. 62-63.
3. The time requirement of Rule 22(2) is not jurisdictional and may be waived by the Court. Pp. 63-65.
414 F.2d 630, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Schacht v. United States, 398 U.S. 58 (1970) in 398 U.S. 58 398 U.S. 59. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=5WMY5WKCJN1DT93.
MLA: U.S. Supreme Court. "Syllabus." Schacht v. United States, 398 U.S. 58 (1970), in 398 U.S. 58, page 398 U.S. 59. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5WMY5WKCJN1DT93.
Harvard: U.S. Supreme Court, 'Syllabus' in Schacht v. United States, 398 U.S. 58 (1970). cited in 1970, 398 U.S. 58, pp.398 U.S. 59. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=5WMY5WKCJN1DT93.
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