Legal Opinion
United States v. Hartwig
United States Court of Military Appeals
Decided March 23, 1994No. 93-0131; CMR 9102411PublishedCited by 26 opinions
1Opinion of the Court
Opinion of the Court
GIERKE, Judge:
A military judge sitting as a general court-martial convicted appellant, contrary to his pleas, of conduct unbecoming an officer and a gentleman, in violation of Article 133, Uniform Code of Military Justice, 10 USC § 933. The approved sentence provides for dismissal, confinement for 6 months, and total forfeitures. The Court of Military Review affirmed the findings and sentence. 35 MJ 682 (1992).
We granted review of the following issues 1:
I
WHETHER THE FIRST AMENDMENT STANDARD OF CLEAR AND PRESENT DANGER APPLIES TO SERVICE-MEMBERS.
II
WHETHER APPELLANT’S…
2Cases cited16 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Parker v. LevySupreme Court of the United States · 1974
- United States v. TurnerUnited States Court of Military Appeals · 1987
- Schenck v. United StatesSupreme Court of the United States · 1919
- Orloff v. WilloughbySupreme Court of the United States · 1953
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. SullivanCourt of Appeals for the Armed Forces · 1995
- United States v. BoyettCourt of Appeals for the Armed Forces · 1995
- United States v. SaundersCourt of Appeals for the Armed Forces · 2003
- United States v. BrownCourt of Appeals for the Armed Forces · 1996
- United States v. AndersonUnited States Air Force Court of Criminal Appeals · 2004
21 more not listed; retrieve them via the Exa API.