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STATE v. BUTLER

No. 4663.

455 P.2d 4 (1969)

STATE of Hawaii v. Willis Pollard BUTLER and George P. Sarant.

Supreme Court of Hawaii.

May 22, 1969.

Attorney(s) appearing for the Case

James A. King, Honolulu (Bouslog & Symonds, Honolulu, of counsel), for defendants-appellants.

Dennis A. Ing, Deputy Pros. Atty., City and County of Honolulu, Honolulu (John H. Peters, Pros. Atty., with him on the brief), for plaintiff-appellee.

Richard P. Schulze, Jr., Honolulu (Michael R. Sherwood, Honolulu, with him on the brief), for American Civil Liberties Union, amicus curiae.

Before RICHARDSON, C.J., MARUMOTO, ABE, and LEVINSON, JJ., and Circuit Judge HAWKINS, assigned by reason of vacancy.

ABE, Justice.

The following facts led to defendants' arrest and charge for disorderly conduct in violation of HRS § 772-2.1

On October 17, 1966, President Johnson was scheduled to deliver a foreign policy speech at an outdoor area near the Kennedy Theater at the East-West Center, on the University of Hawaii campus. As expected, a crowd started to gather hours before the time scheduled for the President's arrival. Within the...

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