WAYTE v. UNITED STATES

No. 83-1292.

470 U.S. 598 (1985)

WAYTE v. UNITED STATES

Supreme Court of United States.

Decided March 19, 1985


Attorney(s) appearing for the Case

Mark D. Rosenbaum argued the cause for petitioner. With him on the briefs were Dan Stormer, Mary Ellen Gale, Dennis M. Perluss, Dan Marmalefsky, Laurence H. Tribe, William G. Smith, and Burt Neuborne.

Solicitor General Lee argued the cause for the United States. With him on the brief were Assistant Attorney General Trott, Deputy Solicitor General Frey, Mark I. Levy, and John F. De Pue.*

David Crump filed a brief for the Legal Foundation of America as amicus curiae urging affirmance.


JUSTICE POWELL delivered the opinion of the Court.

The question presented is whether a passive enforcement policy under which the Government prosecutes only those who report themselves as having violated the law, or who are reported by others, violates the First and Fifth Amendments.

I

On July 2, 1980, pursuant to his authority under § 3 of the Military Selective Service Act, 62 Stat. 605, as amended, 50 U. S. C. App. § 453,

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