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DASH v. COMMANDING GENERAL, FORT JACKSON, SOUTH CAROLINA

Civ. A. No. 69-303.

307 F.Supp. 849 (1969)

Stephen DASH, Mance Sewell, Alvin M. Webb, Edilberto Chaparro, Joseph F. Cole, Andrew C. Pulley, Hubert L. Gilliard, Eugene J. Rudder, Curtis E. Mays and Joseph Miles, Plaintiffs, v. The COMMANDING GENERAL, FORT JACKSON, SOUTH CAROLINA, and Secretary of the Army, Washington, D. C., Defendants.

United States District Court D. South Carolina, Columbia Division.

December 19, 1969.

Attorney(s) appearing for the Case

Thomas Broadwater. Columbia, S. C., Leonard B. Boudin, Dorian Bowman, New York City, Rabinowitz, Boudin & Standard, New York City, David Rein, Washington, D. C., and Howard Moore, Jr., Atlanta, Ga., for plaintiffs.

Joseph O. Rogers, Jr., U. S. Atty., Wistar D. Stuckey, Asst. U. S. Atty., Columbia, S. C., and Arnold I. Melnick, LTC, JAGC, (of counsel), Fort Jackson, S. C., for defendants.

OPINION and ORDER

DONALD RUSSELL, District Judge.

This is an action for a declaratory judgment. The plaintiffs were at the time of the commencement of the action non-commissioned servicemen stationed at Fort Jackson, South Carolina. Their action is filed not only on their behalf but also on behalf of all enlisted personnel at such base and seeks a declaration of their constitutional rights of free speech under the Federal Constitution.

The record...

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