Legal Opinion · Concurrence

United States v. William Crosby Crouch, Jr.

Court of Appeals for the Fifth Circuit

Decided September 4, 1969No. 26946_1Published

1ConcurrenceGodbold, Circuit Judge

(specially concurring):

I concur in the result. But I find it necessary to state my own reasons for agreeing with the conclusion that, under the circumstances of this case, the civilian work order to Crouch did not violate the First Amendment.

The conclusion that the disobeyed order was valid disposes of the case. Nothing more need be said. Nevertheless, in a dictum the broad language of which is easily subject to misunderstanding, the majority discuss the effect of appellant’s statement, made before the order was issued, that he would refuse any civilian work. This requires that I state my…

2Cases cited23 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Sherbert v. VernerSupreme Court of the United States · 1963
  3. Prince v. MassachusettsSupreme Court of the United States · 1944
  4. McKart v. United StatesSupreme Court of the United States · 1969
  5. Reynolds v. United StatesSupreme Court of the United States · 1879

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