Legal Opinion

Don Schneider, Sp-4, United States Army v. Melvin A. Laird, Secretary of Defense, the Pentagon, Washington

Court of Appeals for the Tenth Circuit

Decided January 6, 1972No. 71-1324PublishedCited by 10 opinions

1Per curiam

A United States Army Regulation, AR 210-10, delegates to the commanding officer of a military post authority to preclude the on-base distribution of certain publications. Upon his determination that the dissemination of a publication within the area of his command “presents a clear danger to the loyalty, discipline, or morale of troops,” the commander is empowered to restrain distribution. Supplements to this regulation, Department of Defense Directive, No. 1325.6 and the Adjutant General’s “Guidance on Dissent”, indicate that the commanding officer is not to allow personal preferences or…

2Cases cited10 opinions

  1. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  2. Noonan v. United StatesSupreme Court of the United States · 1971
  3. Dash v. Commanding General, Fort Jackson, South CarolinaDistrict Court, D. South Carolina · 1969
  4. Maryann Weissman and Key Martin v. United StatesCourt of Appeals for the Tenth Circuit · 1967
  5. United States v. John Thomas FlowerCourt of Appeals for the Fifth Circuit · 1972

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3Cited by10 opinions

  1. Brown v. GlinesSupreme Court of the United States · 1980
  2. United States v. Michael Allen SwigartCourt of Appeals for the Tenth Circuit · 1973
  3. James Edward Carlson v. James R. Schlesinger, Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1975
  4. United States v. BurrowDistrict Court, D. Maryland · 1975
  5. United States v. Marshall E. GourleyCourt of Appeals for the Tenth Circuit · 1974

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