HOFFMAN v. UNITED STATES

No. 4865.

256 A.2d 567 (1969)

Abbie HOFFMAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 14, 1969.


Attorney(s) appearing for the Case

Gerald B. Lefcourt, New York City, with whom David M. Weitzman, Falls Church, Va., was on the brief, for appellant.

Mervyn Hamburg, Atty., Dept. of Justice, with whom David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Robert H. Kapp and Ralph J. Temple, Washington, D. C., counsel for American Civil Liberties Union Fund, filed a brief as amicus curiae urging reversal.

Before HOOD, Chief Judge, and KELLY and FICKLING, Associate Judges.


HOOD, Chief Judge.

Appellant was convicted on a charge that he did "knowingly cast contempt upon the flag of the United States by publicly mutilating, defacing and defiling said flag" in violation of 18 U.S.C. § 700.1

The facts are not in dispute. Appellant was subpoenaed to testify before the House of Representatives Committee on Un-American Activities on October 3, 1968.2 On that day he approached...

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