Secretary of the Navy v. Avrech

Appellee Mark Avrech was convicted by a special court-martial on charges of having violated Art. 80 of the Uniform Code of Military Justice, 10 U. S. C. § 880. The specification under Art. 80, which punishes attempts to commit offenses otherwise punishable under the UCMJ, charged an attempt to commit an offense under the first and second clauses of Art. 134, 10 U. S. C. § 934, namely, an attempt to publish a statement dis*677loyal to the United States to members of the Armed Forces “with design to promote disloyalty and disaffection among the troops.”

Upon conviction, appellee was sentenced to…