HOFFMAN v. UNITED STATES

No. 23514.

445 F.2d 226 (1971)

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

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1971.

As Amended April 1, 1971.


Attorney(s) appearing for the Case

Mr. Gerald B. Lefcourt, New York City, with whom Messrs. Terrence A. Sidley, Alexandria, Va., and Richard E. Crouch, Arlington, Va., were on the brief, for appellant. Mr. David M. Weitzman, Falls Church, Va., also entered an appearance for appellant.

Mr. John Ellsworth Stein, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry and John F. Evans, Asst. U. S. Attys., were on the brief, for appellee.

Messrs. Robert H. Kapp and Ralph J. Temple, Washington, D. C., filed a brief on behalf of the American Civil Liberties Union Fund as amicus curiae.

Before FAHY, Senior Circuit Judge, and MacKINNON and ROBB, Circuit Judges.


FAHY, Senior Circuit Judge:

Appellant Hoffman was convicted in the Court of General Sessions on the charge he "knowingly cast contempt upon the flag of the United States by publicly mutilating, defacing and defiling" it, in violation of 18 U.S.C. § 700, entitled "Desecration of the flag of the United States."1 After waiving his right to a trial by jury he was tried by the judge. He was sentenced to a $100 fine or imprisonment for...

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