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Parker v. Levy

United States Supreme Court

417 U.S. 733 (1974)

Facts

Howard Levy (defendant), a physician, was a captain in the United States Army. Levy made several public statements to enlisted personnel expressing his disapproval of how the United States’ treated African American soldiers in the Vietnam War. Levy was convicted of violating Articles 90, 133, and 134 of the Uniform Code of Military Justice and was sentenced to three years of hard labor. Parker (plaintiff) was assigned as his warden. Levy challenged his conviction in federal district court on the grounds that it violated the First and Fifth Amendments. The district court denied relief, but the court of appeals reversed. Parker appealed to the United States Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Rehnquist, J.)

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Dissent (Douglas, J.)

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Dissent (Stewart, J.)

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