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SECRETARY OF THE NAVY v. AVRECH

No. 72-1713.

418 U.S. 676 (1974)

SECRETARY OF THE NAVY v. AVRECH.

Supreme Court of United States.

Decided July 8, 1974.

Attorney(s) appearing for the Case

Solicitor General Bork argued the cause for appellant. With him on the brief were Assistant Attorney General Petersen, Deputy Solicitor General Friedman, Allan A. Tuttle, and Jerome M. Feit.

Dorian Bowman argued the cause for appellee. With him on the brief was David Rein.*

PER CURIAM.

Appellee Mark Avrech was convicted by a special court-martial on charges of having violated Art. 80 of the Uniform Code of Military Justice, 10 U. S. C. § 880. The specification under Art. 80, which punishes attempts to commit offenses otherwise punishable under the UCMJ, charged an attempt to commit an offense under the first and second clauses of Art. 134, 10 U. S. C. § 934, namely, an attempt to publish a statement disloyal

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