· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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