Citations 398 U.S. 58 (more) Concurrence Harlan | Majority Black End date 1970 | |
Full case name Schacht v. United States Prior history United States v. O'Brien, 391 U.S. 367 (1968) Concurrence White, joined by Burger, Stewart Similar United States v O'Brien, United States v Eichman, Cohen v California, RAV v City of St Paul, Texas v Johnson | ||
Schacht v. United States, 398 U.S. 58 (1970) was a United States Supreme Court case, which ruled that actors could wear accurate military uniforms—regardless of the production's portrayal of the military—on First Amendment grounds.
Contents
Background
Daniel Jay Schacht performed in a rehearsed skit while wearing an accurate military uniform. The skit was in opposition to the Vietnam War, and Schacht's role portrayed the military in a negative light.
Schacht was indicted in a United States District Court for violating 18 U.S.C. 702 (see below), tried and convicted. On February 29, 1968, he was sentenced to the maximum punishments of a $250 fine and six months in prison.
Schacht appealed his conviction, but was denied by the Court of Appeals, prompting the Supreme Court appeal.
Holding
The Supreme Court held that 18 U.S.C. 702 (see below) by itself was valid, i.e. that there could be a blanket ban on the wearing of military uniforms by those not in the military. However, 10 U.S.C. §772 (see below) provided a list of exceptions, and the Court found that allowing actors to wear uniforms only if their role did not discredit the military was a violation of the actor's First Amendment right to Free Speech. This, in effect, struck the final clause of 10 U.S.C. §772 (f).
18 U.S.C. 702
"Whoever, in any place within the jurisdiction of the United States or in the Canal Zone, without authority, wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the armed forces of the United States, Public Health Service or any auxiliary of such, shall be fined not more than $250 or imprisoned not more than six months, or both."
10 U.S.C. §772 (f)
"When wearing by persons not on active duty authorized....
(f) While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force