Mark Avrech v. The Secretary of the Navy

WILKEY, Circuit Judge:

This case comes before us for a second time, having in the interim gone to the Supreme Court. The facts were set out thoroughly in our previous opinion by Justice Clark, and need not be here repeated. We note that this is an action for collateral relief from a 1969 special court-martial, wherein appellant was convicted of attempting to publish a disloyal statement to members of the Armed Forces, with design to promote disloyalty and disaffection among the troops, while stationed at Marble Mountain Air Facility, Da Nang, Republic of Vietnam.

Previously we reached only the…