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UNITED STATES v. MILLER

No. 463, Docket 30465.

367 F.2d 72 (1966)

UNITED STATES of America, Appellee, v. David J. MILLER, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 13, 1966.

Attorney(s) appearing for the Case

Marvin M. Karpatkin and Osmond K. Fraenkel, New York City (Henry M. diSuvero, Nanette Dembitz, Rhoda H. Karpatkin, Carl Rachlin, Melvin L. Wulf, Alan H. Levine, New York City, on the brief), for defendant-appellant.

Peter Fleming, Jr., Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, John Sprizzo, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and MOORE and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

This case raises perplexing issues of whether symbolic conduct is speech embraced by the First Amendment and the extent of its protection thereunder. The appeal challenges the constitutionality of a federal statute prohibiting the destruction of Selective Service certificates; the ultimate question before the court is the power of Congress to enact the legislation. The constitutional issues are raised by David J. Miller, who appeals from a...

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