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· 12/3/1971

Arthur J. Porth v. The Hon. George Templar and the United States of America, United States of America v. Arthur J. Porth

Citations

  • 453 F.2d 330
  • 28 A.F.T.R.2d (RIA) 6093
  • 1971 U.S. App. LEXIS 6790

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • tax protester lawfully prohibited from encouraging others to violate tax laws but not from expressing views as to constitutionality of tax laws
  • conditions of probation prohibiting expression of opinion on constitutionality of tax laws which probationer has been found guilty of violating held overbroad
  • condition of probation prohibiting defendant from circulating material attacking income tax and federal reserve systems was overbroad
  • but remanding for revision of condition to avoid forbidding “the naked expression of opinion as to constitutionality of the measures in question.”
  • condition prohibiting probationer from actively urging violation of tax laws would be valid
  • “[One on probation] forfeits much of his freedom of action and even freedom of expression to the extent necessary to successful rehabilitation and protection of the public programs.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Seth, Holloway, Doyle

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.