Legal Opinion

United States v. Charles P. Smith, Jr.

Court of Appeals for the Seventh Circuit

Decided September 22, 1972No. 71-1579PublishedCited by 15 opinions

1Opinion of the Court

ESCHBACH, District Judge.

Defendant, Charles P. Smith, Jr., was indicted and convicted after a trial by jury of making an obscene, indecent, or profane radio communication in violation of 18 U.S.C. § 1464. 1 Defendant Smith appeals from that single-count conviction and has presented the following contentions for review:(1) Title 18 U.S.C. § 1464 on its face runs afoul of the First Amendment in failing to require scienter and in punishing profane or indecent utterances, and such statute is so vague as to be vi-olative of the Fifth Amendment.(2) The indictment in the present case was…

2Cases cited23 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Powell v. AlabamaSupreme Court of the United States · 1932
  5. Gilbert v. CaliforniaSupreme Court of the United States · 1967

18 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Illinois Citizens Committee for Broadcasting v. Federal Communications Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1975
  2. Pacifica Foundation v. Federal Communications Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1977
  3. United States v. Ernest PerryCourt of Appeals for the Seventh Circuit · 1973
  4. CBS Corp. v. Federal Communication CommissionCourt of Appeals for the Third Circuit · 2008
  5. United States v. Garry PattonCourt of Appeals for the Sixth Circuit · 1983

10 more not listed; retrieve them via the Exa API.

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