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Dash v. Commanding General

United States Court of Appeals, Fourth Circuit
Sep 2, 1970
429 F.2d 427 (4th Cir. 1970)

Opinion

No. 14390.

Argued June 2, 1970.

Decided September 2, 1970.

Appeal from the United States District Court for the District of South Carolina, at Columbia; Donald Russell, Judge.

David Rein, Washington, D.C. (Leonard B. Boudin, Dorian Bowman and David Rosenberg, Rabinowitz, Boudin Standard, New York City, and Thomas Broadwater, Columbia, S.C., on the brief), for appellants.

Joseph O. Rogers, Jr., U.S. Atty. for District of South Carolina, and Wistar D. Stuckey, Asst. U.S. Atty. (Lt. Col. Arnold I. Melnick, Washington, D.C., on the brief), for appellees.

Before BOREMAN and BUTZNER, Circuit Judges, and WIDENER, District Judge.


Soldiers stationed at Fort Jackson, South Carolina, appealed from a judgment of the district court that upheld the constitutionality of a regulation prohibiting the distribution of printed material without the post commander's approval and sustained the commander's denial of their request for a public meeting on the post. With his usual thoroughness, Judge Russell carefully balanced the competing interests founded on the First Amendment and the constitutional grants of power for the government and regulation of the military. We affirm on his opinion, Dash v. Commanding General, 307 F. Supp. 849 (D.S.C. 1969).


Summaries of

Dash v. Commanding General

United States Court of Appeals, Fourth Circuit
Sep 2, 1970
429 F.2d 427 (4th Cir. 1970)
Case details for

Dash v. Commanding General

Case Details

Full title:Stephen DASH et al., Appellants, v. The COMMANDING GENERAL, FORT JACKSON…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 2, 1970

Citations

429 F.2d 427 (4th Cir. 1970)

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