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UNITED STATES v. FREEMAN

No. 83-3043.

782 F.2d 853 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. John L. FREEMAN, aka Alton R. Moss, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 14, 1986.

Attorney(s) appearing for the Case

Robert E. Lindsay, Alan Hechtkopf, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Stephen R. Sady, Portland, Or., John L. Freeman, Las Vegas, Nev., for defendant-appellant.

Before KENNEDY and NORRIS, Circuit Judges, and STEPHENS, District Judge.

ORDER ON PETITIONS FOR REHEARING

Our holding, 761 F.2d 549, that the jury must consider whether the crimes charged implicate elements of protected speech does not detract from the principle that both the trial and appellate court must examine the entire record, make an independent determination whether a First Amendment privilege exists, and, if so, dismiss the case. Bose Corp. v. Consumers Union of United States, Inc., ...

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