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U.S. v. RICHEY

No. 88-3276.

924 F.2d 857 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence M. RICHEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Christopher Tait, Yakima, Wash., for defendant-appellant.

Carroll D. Gray, Asst. U.S. Atty., Spokane, Wash., for plaintiff-appellee.

Before WRIGHT, REINHARDT and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are asked to decide whether prosecution and conviction of a former Internal Revenue Service employee, for willfully disclosing to the public information about a certain federal income tax return, violates his first amendment right to freedom of expression.

I

Lawrence Richey was an Internal Revenue Service ("IRS") agent for approximately twenty-five years. In 1970, he audited...

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