FOOTNOTES
- 1974 . Parker v. Levy Secretary of the Navy v. Avrech, 72–1713, and 73–206, 42 LW 3482 (February 26
- 1970 . 10 U.S.C. S 933
- 1970 . “ A third clause, prohibiting “all crimes and offenses not capital,” relates only to crimes and offenses proscribed by Congress and is not at issue in the cases discussed here. See “Notes: Taps for the Real Catch-22,” . In Yale Law Journal 10 U.S.C. S 934 LXXXI (July, 1972), 1518, n3
- 1973 . New York Times 22 Estimate of David F. Addlestone of the Military Rights Project of the American Civil Liberties Union, in “Levy, Antiwar Army Physician, Wins a Reversal of Conviction,” April 19, p
- 1973 . Avrech v. Secretary of the Navy The decisions appealed are 477 F.2d 1237; and Levy v. Parker, 478 F.2d 772 (1973)
- 1970 . United States v. Harvey 19 U.S.C.M.A. 539, 42 C.M.R. 141, at 146 (majority opinion)
- 1972 . “ The citation from ” . In Schenck United States v. Priest, 21 U.S.C.M.A. 564, 45 C.M.R. 338, is at 344. The original quotation is from 249 U.S. 47, at 52 (1919)
- 1966 . United States v. Howe At 344, citing 17 U.S.C.M.A. 165, 37 C.M.R. 429, at 437 The reference is actually to a document prepared by the Legislative Reference Service
- 1969 . 395 U.S. 444
- At 344
- Ibid.
- 1950 . “ Chief Justice Vinson adopted Hand's version in ” . In Dennis v. United States At 344–45. Judge Learned Hand announced the interpretation in United States v. Dennis, 183 F.2d 201, at 212 and 215 391 U.S. 494, at 510 (1951), (majority opinion)
- Dennis v. United States At 345, citing at 510
- At 346
- Strong , Frank R. 1969 . “Fifty Years of ‘Clear and Present Danger’: From Schenck to Brandenburg—And Beyond,” . In Supreme Court Review 41 – 80 . See for example, pp., especially45–47
- United States v. Priest at 345
- 1954 . 4 U.S.C.M.A. 509, 16 C.M.R. 83, at 108
- 1954 . At 106
- 1956 . 22 C.M.R. 487
- 1966 . 17 U.S.C.M.A. 165, 37 C.M.R. 429, at 437
- 1969 . 40 C.M.R. 720, at 722 and 723
- 1970 . 19 U.S.C.M.A. 529, 42 C.M.R. 131, at 137
- 1969 . O'Callahan v. Parker 395 U.S. 258, at 266
- United States v. Priest at 344
- United States v. Howe at 437
- 1957 . 354 U.S. 298, at 321–22
- 1961 . Noto v. United States 367 U.S. 290, at 297–98
- 1969 . Brandenburg v. Ohio 395 U.S. 444, at 447
- At 344 (emphasis supplied)
- See footnote 29 above, and accompanying text.
- At 344 and 345
- 1971 . Harvard Civil Rights-Civil Liberties Law Review 525 – 44 . ”Military Discipline and Political Expression: A New Look at an Old Bugbear,” VI (May, at 527
- 529 – 30 . Ibid at
- United States v. Priest at 345, citing Dennis v. United States, at 510
- Washnik , John . 1951 . “Comment,” . In Catholic University Law Review I (January, 104
- At 346, (emphasis supplied)
- 1927 . 274 U.S. 357, at 371
- At 435
- At 344
- 1971 . New York Times Co. v. United States 403 U.S. 713
- 1954 . “ Judges Quinn and Latimer failed to make the elementary distinction referred to in the text. See also, “Prior Restraints in the Military,” . In Columbia Law Review 1089 – 1119 . United States v. Voorhees, 4 U.S.C.M.A. 509, 16 C.M.R. 83 LXXIII (May, 1973)