UNITED STATES v. SMITH

No. 71-1579.

467 F.2d 1126 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Charles P. SMITH, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 22, 1972.


Attorney(s) appearing for the Case

John Donald O'Shea, East Moline, Ill., for defendant-appellant.

Donald B. Mackay, Springfield, Ill., Max J. Lifkin, Peoria, Ill., for plaintiff-appellee.

Before STEVENS, Circuit Judge, DURFEE, Senior Judge, United States Court of Claims, and ESCHBACH, District Judge.


ESCHBACH, District Judge.

Defendant, Charles P. Smith, Jr., was indicted and convicted after a trial by jury of making an obscene, indecent, or profane radio communication in violation of 18 U.S.C. § 1464.1 Defendant Smith appeals from that single-count conviction and has presented the following contentions for review:

(1) Title 18 U.S.C. § 1464 on its face runs afoul of the First Amendment in failing to require scienter...

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