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UNITED STATES v. SNIDER

Nos. 73-1938 and 73-1939.

502 F.2d 645 (1974)

UNITED STATES of America, Appellee, v. Lyle B. SNIDER, Appellant. UNITED STATES of America, Appellee, v. Lyle B. SNIDER, and Sue T. Snider, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1974.

Rehearing Denied July 19, 1974.

Attorney(s) appearing for the Case

Karla W. Simon and Richard D. Hobbet, Durham, N.C. (Hobbet & Simon, Durham, N.C., on brief), for appellant in No. 73-1938.

Norman B. Smith, Greensboro, N.C. (Smith, Carrington, Patterson, Follin & Curtis, Greensboro, N.C., on brief), for appellants in No. 73-1939.

William L. Osteen, U.S. Atty., for appellee in Nos. 73-1938 and 73-1939.

Before WINTER, CRAVEN and WIDENER, Circuit Judges.

Rehearing En Banc Denied July 19, 1974.

CRAVEN, Circuit Judge:

In our view, these are cases of symbolic speech. In No. 73-1939 the defendants declined to participate in the traditional ceremony of rising upon entrance and departure of the presiding judge and were cited for contempt. In No. 73-1938 defendant engaged in hyperbole — claiming 3 billion dependents on a tax withholding form — and was charged with a violation of 26 U.S.C. § 7205...

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