United States v. Howe

37 C.M.R. 429 (1967)

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United States v. Howe

United States Court of Military Appeals
37 C.M.R. 429 (1967)

Facts

Second Lieutenant Henry H. Howe, Jr. (defendant), an army reservist on active duty in Texas during the Vietnam War, carried a sign in public that referred to President Lyndon B. Johnson as an ignorant fascist. Howe was convicted by a general court-martial of using contemptuous words against the President of the United States in violation of Article 88 of the Uniform Code of Military Justice (UCMJ). A board of review in the office of the Judge Advocate General of the Army affirmed Howe’s conviction. Howe appealed, arguing that the conviction violated his First Amendment right to freedom of speech.

Rule of Law

Issue

Holding and Reasoning (Kilday, J.)

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