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COLONIAL TIMES, INC. v. GASCH

No. 74-1349.

509 F.2d 517 (1975)

COLONIAL TIMES, INC., d.b.a. The Daily Rag, Petitioner, v. Honorable Oliver GASCH, United States District Judge, Respondent.

United States Court of Appeals, District of Columbia Circuit.

January 3, 1975.

Attorney(s) appearing for the Case

E. Edward Bruce and Michael D. Barnes, Washington, D. C., were on the pleadings for petitioner.

Earl J. Silbert, U. S. Atty., John A. Terry and Steven R. Schaars, Asst. U. S. Attys., were on the brief for respondent.

Before BAZELON, Chief Judge, and ROBINSON and MacKINNON, Circuit Judges.

BAZELON, Chief Judge:

Petitioner Colonial Times, Inc., publishes an "underground" newspaper in the District of Columbia known as "The Daily Rag." The December 8, 1972 edition of "The Daily Rag" displayed on its cover a sketch of an elderly woman, fully dressed, wearing a large lapel button expressing in harsh and graphic language disapproval of the District of Columbia food tax. United States Postal Service employees handling copies of this edition of "The Daily Rag...

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