UNITED STATES of America, Appellee,
v.
Benjamin SPOCK, Defendant, Appellant.
UNITED STATES of America, Appellee,
v.
Michael FERBER, Defendant, Appellant.
UNITED STATES of America, Appellee,
v.
Mitchell GOODMAN, Defendant, Appellant.
UNITED STATES of America, Appellee,
v.
William Sloane COFFIN, Jr., Defendant, Appellant.
United States Court of Appeals First Circuit.https://leagle.com/images/logo.png
Heard January 7, 1969.
Decided July 11, 1969.
Attorney(s) appearing for the Case
Leonard B. Boudin, New York City, with whom Victor Rabinowitz, New York City, Allan R. Rosenberg, Boston, Mass., David Rosenberg, Dorian Bowman, Diane B. Schulder, Rabinowitz, Boudin & Standard, New York City, and Putnam, Bell & Russell, Boston, Mass., were on brief, for Benjamin Spock, appellant.
William P. Homans, Jr., Boston, Mass., with whom Raymond H. Young, Boston, Mass., was on brief, for Michael Ferber, appellant.
Edward J. Barshak, Boston, Mass., with whom Bertram A. Sugarman, Sumner H. Rogers and Steven James Cohen, Boston, Mass., were on brief, for Mitchell Goodman, appellant.
Arthur J. Goldberg, New York City, with whom Abraham Goldstein, New York City, James D. St. Clair, Wellesley Hills, Mass., Jay H. Topkis, Joseph H. Einstein and Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, were on brief, for William Sloane Coffin, Jr., appellant.
Marshall Tamor Golding, Atty., Dept. of Justice, with whom Fred M. Vinson, Jr., Asst. Atty. Gen., Paul F. Markham, U. S. Atty., John Wall, Asst. U. S. Atty., and Joseph J. Cella, Jr., Sp. Asst. U. S. Atty., were on brief, for appellee.
Frank B. Frederick, William B. Duffy, Jr., Henry P. Monaghan and Johnson, Clapp, Ives & King, Boston, Mass., on brief for Unitarian Universalist Ass'n, amicus curiae.
Malcolm Monroe, New York City, on brief for National Committee for a SANE Nuclear Policy, amicus curiae.
Arthur Kinoy, William M. Kunstler, New York City, Morton Stavis, Rita Murphy, Dennis J. Roberts, Harriet Van Tassel, Newark, N. J., Robert L. Boehm, New York City, and Lester S. Cramer, Boston, Mass., on brief for The Lawyers Committee on American Policy in Vietnam and The Law Center for Constitutional Rights, amici curiae.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
United States Court of Appeals First Circuit.
ALDRICH, Chief Judge.
These are appeals by four defendants1 convicted under a single count indictment for conspiracy. We reverse.
As is well known, the war in Vietnam and the draft to support it have engendered considerable animosity and frustration. In August 1967 a number of academic, clerical, and professional persons discussed the need of more vigorous opposition to governmental policies...
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