schacht
argued
march
decided
may
petitioner
participated
skit
performed
several
times
front
armed
forces
induction
center
demonstrating
opposition
american
involvement
vietnam
conflict
convicted
jury
violating
makes
criminal
unauthorized
wearing
american
military
uniform
part
thereof
petitioner
alleged
authorized
wear
uniform
permits
wearing
uniform
one
portraying
member
armed
force
theatrical
motion
picture
production
portrayal
tend
discredit
armed
force
conviction
affirmed
appeals
filed
petition
certiorari
time
specified
rule
expired
held
street
skit
petitioner
participated
theatrical
production
within
meaning
pp
words
portrayal
tend
discredit
armed
force
impose
unconstitutional
restraint
freedom
speech
must
stricken
section
preserve
constitutionality
pp
time
requirement
rule
jurisdictional
may
waived
pp
david
berg
argued
cause
petitioner
pro
hac
vice
brief
chris
dixie
solicitor
general
griswold
argued
cause
brief
assistant
attorney
general
wilson
joseph
connolly
beatrice
rosenberg
sidney
glazer
justice
black
delivered
opinion
petitioner
daniel
jay
schacht
indicted
district
violating
makes
crime
person
without
authority
wear
uniform
distinctive
part
thereof
armed
forces
tried
convicted
jury
february
sentenced
pay
fine
serve
prison
term
maximum
sentence
allowable
doubt
schacht
wear
distinctive
parts
uniform
army
member
armed
forces
defended
conduct
since
beginning
however
ground
authorized
wear
uniform
act
congress
provides
follows
wearing
persons
active
duty
authorized
portraying
member
army
navy
air
force
marine
corps
actor
theatrical
production
may
wear
uniform
armed
force
portrayal
tend
discredit
armed
force
emphasis
added
evidence
indicates
demonstration
houston
part
nationally
coordinated
movement
take
place
contemporaneously
several
places
throughout
country
appellants
colleagues
prepared
script
followed
induction
center
actually
rehearsed
roles
least
prior
appointed
day
student
organization
called
humanists
skit
composed
three
people
schacht
dressed
uniform
cap
second
person
wearing
military
colored
coveralls
third
person
outfitted
typical
viet
cong
apparel
first
two
men
carried
water
pistols
one
yell
able
american
shoot
viet
cong
pistols
pistols
expelled
red
liquid
struck
victim
created
impression
bleeding
victim
fell
two
walk
exclaim
god
pregnant
woman
without
noticeable
variation
skit
reenacted
several
times
morning
demonstration
previous
cases
seem
make
clear
making
offense
wear
military
uniforms
without
authority
standing
alone
valid
statute
face
see
general
prohibition
always
stand
alone
view
authorizes
wearing
military
uniforms
certain
conditions
circumstances
including
circumstance
actor
portraying
member
armed
services
theatrical
production
government
argument
case
seems
imply
somehow
amateur
actors
houston
treated
theatrical
production
within
meaning
unable
follow
suggestion
certainly
theatrical
productions
need
always
performed
buildings
even
defined
area
conventional
stage
need
performed
professional
actors
heavily
financed
elaborately
produced
since
time
immemorial
outdoor
theatrical
performances
often
performed
amateurs
played
important
part
entertainment
education
people
world
record
shows
without
dispute
preparation
repeated
presentation
amateur
actors
short
play
designed
create
audience
understanding
opposition
participation
vietnam
war
supra
page
may
performances
crude
amateurish
perhaps
unappealing
thing
said
many
theatrical
performances
believe
congress
wrote
special
exception
theatrical
productions
intended
protect
narrow
limited
category
professionally
produced
plays
course
need
decide
questions
concerning
within
scope
need
find
emphatically
street
skit
schacht
participated
theatrical
production
within
meaning
section
brings
us
petitioner
complaint
giving
force
effect
last
clause
impose
unconstitutional
restraint
right
free
speech
agree
clause
face
simply
restricts
authorization
dramatic
portrayals
tend
discredit
military
restriction
read
together
becomes
clear
congress
effect
made
crime
actor
wearing
military
uniform
say
things
performance
critical
conduct
policies
armed
forces
actor
like
everyone
else
country
enjoys
constitutional
right
freedom
speech
including
right
openly
criticize
government
dramatic
performance
last
clause
denies
constitutional
right
actor
wearing
military
uniform
making
crime
say
things
tend
bring
military
discredit
disrepute
present
case
schacht
free
participate
skit
demonstration
praised
army
final
clause
convicted
federal
offense
portrayal
attacked
army
instead
praising
light
earlier
finding
skit
schacht
participated
theatrical
production
within
meaning
follows
conviction
sustained
punished
speaking
role
army
country
vietnam
clearly
punishment
reason
unconstitutional
abridgment
freedom
speech
final
clause
leaves
americans
free
praise
war
vietnam
send
persons
like
schacht
prison
opposing
survive
country
first
amendment
preserve
constitutionality
final
clause
must
stricken
section
ii
government
brief
argument
seriously
contend
without
jurisdiction
consider
decide
merits
case
ground
petition
certiorari
timely
filed
rule
rules
rule
provides
petition
certiorari
review
appeals
judgment
criminal
case
shall
deemed
time
filed
clerk
within
thirty
days
entry
judgment
accept
view
time
requirement
jurisdictional
waived
rule
contains
language
calls
harsh
interpretation
must
remembered
rule
enacted
congress
promulgated
authority
congress
prescribe
rules
concerning
time
limitations
taking
appeals
applying
certiorari
criminal
cases
see
rule
fed
rules
crim
proc
procedural
rules
adopted
orderly
transaction
business
jurisdictional
relaxed
exercise
discretion
ends
justice
require
discretion
expressly
declared
several
opinions
see
taglianetti
heflin
see
also
stern
gressman
practice
ed
cases
cited
therein
true
taglianetti
heflin
cases
dealt
time
question
footnotes
reason
disregard
holdings
fact
indicates
deemed
adequate
treatment
give
issue
petition
certiorari
filed
case
accompanied
motion
supported
affidavits
asking
grant
certiorari
despite
fact
petition
filed
days
appropriate
period
filing
petition
expired
affidavits
filed
motion
denied
challenged
government
present
facts
showing
petitioner
acted
good
faith
delay
filing
petition
certiorari
brought
circumstances
largely
beyond
control
without
detailing
circumstances
sufficient
note
consideration
motion
affidavits
december
granted
motion
three
justices
dissenting
decision
waiving
time
defect
permitting
untimely
filing
petition
thus
made
several
months
ago
new
facts
warranting
reconsideration
decision
presented
us
reasons
stated
parts
ii
opinion
judgment
appeals
reversed
footnotes
schacht
wore
blouse
type
currently
authorized
army
enlisted
men
shoulder
patch
designating
service
europe
buttons
blouse
official
army
design
head
schacht
wore
outmoded
military
hat
affixed
hat
inverted
position
eagle
insignia
currently
worn
hats
army
officers
precise
language
derives
revision
titles
undertaken
purpose
combining
laws
affecting
armed
forces
eliminating
duplicate
provisions
clarifying
statutory
language
time
phrase
actor
theatrical
production
substituted
previous
phrase
playhouse
theater
films
actually
engaged
representing
therein
military
character
stat
although
revision
codification
general
intended
make
substantive
changes
changes
made
purpose
clarifying
updating
language
shift
present
version
clearly
reflects
intent
move
broader
flexible
language
example
include
television
well
types
theatrical
productions
wherever
presented
statements
senators
wiley
cong
rec
july
justice
harlan
concurring
join
part
opinion
respect
part
ii
agree
rejection
government
jurisdictional
contention
premised
untimely
filing
petition
certiorari
view
however
contention
deserves
fuller
consideration
accorded
opinion
opinion
fully
come
grips
solicitor
general
position
rejects
argument
untimeliness
rule
given
jurisdictional
effect
stating
part
rule
contains
language
calls
harsh
interpretation
regard
however
time
limitation
found
rule
different
established
statute
neither
makes
explicit
reference
waivers
limitation
absence
language
providing
waiver
without
exception
treated
statutory
limitations
jurisdictional
solicitor
general
asks
rule
issue
treat
time
requirements
rule
differently
requirements
imposed
statute
hardly
acknowledged
opinion
moreover
although
true
taglianetti
heflin
held
waive
untimeliness
rule
neither
opinion
explained
solicitor
general
belittle
two
cases
merely
dealt
problem
rather
urges
inconclusive
neither
gave
reasons
conclusion
ii
analysis
issue
presented
begins
examination
statutory
authority
rule
found
provision
authorizing
prescribe
rules
practice
procedure
criminal
cases
section
specifically
delegates
power
promulgate
rules
prescribing
times
manner
taking
appeals
courts
appeals
applying
writs
certiorari
legislative
history
provision
evinces
congressional
concern
undue
delays
disposition
criminal
cases
broad
terms
statutory
language
well
written
committee
reports
convince
congress
purpose
give
freedom
decide
time
limits
apply
unqualified
delegation
found
doubts
concerning
authority
promulgate
rule
required
certiorari
petitions
filed
within
days
judgment
expressly
provided
requirement
waived
good
cause
shown
order
avoid
unfairness
extraordinary
cases
also
think
might
promulgate
rule
expressly
provided
untimeliness
waived
even
excusable
neglect
words
jurisdictional
rule
rule
promulgated
contains
express
provision
allowing
waiver
clear
prior
decisions
interpreted
rule
allow
waiver
however
interpreted
find
rule
less
authorized
rule
terms
provided
expressly
possibility
waiver
find
anomalous
occasion
waives
time
limitations
imposed
rules
yet
treats
time
requirements
imposed
statute
jurisdictional
matter
statutory
interpretation
presumed
right
extend
time
limits
specified
statutes
indication
congressional
purpose
authorize
waive
congressional
enactments
statutory
time
limits
treated
jurisdictional
hand
time
requirement
rule
established
broad
statutory
delegation
appropriate
apply
general
principle
always
within
discretion
administrative
agency
relax
modify
procedural
rules
adopted
orderly
transaction
business
given
case
ends
justice
require
american
farm
lines
black
ball
quoting
nlrb
monsanto
chemical
cir
iii
although
therefore
conclude
possesses
discretion
waive
time
requirements
rule
must
recognized
requirements
essential
orderly
appellate
process
consequently
believe
discretion
must
exercised
sparingly
adequate
reason
exists
excuse
noncompliance
rules
present
case
agree
petitioner
adequately
explained
failed
meet
time
requirements
basis
concur
part
ii
opinion
compare
rule
rule
statute
provide
limited
extensions
time
however
extension
case
us
matton
steamboat
murphy
department
banking
pink
citizens
bank
opperman
government
relies
language
ex
rel
coy
case
cited
support
claim
limit
established
rule
jurisdictional
issue
case
time
limit
limit
imposed
rule
xi
instead
limit
general
statutory
provision
applied
petition
certiorari
review
circuit
affirmance
district
denial
motion
correct
sentence
criminal
case
noting
petition
filed
days
judgment
appeals
said
judgment
appeals
one
rule
xi
applies
petition
certiorari
filed
late
without
jurisdiction
disposing
case
however
opinion
simply
stated
writ
dismissed
failure
comply
rule
xi
want
jurisdiction
event
coy
focus
issue
whether
good
cause
rule
xi
might
waived
thereby
removing
time
limitation
otherwise
might
termed
jurisdictional
derives
stat
stat
enactments
certiorari
criminal
cases
governed
general
time
limitation
provided
judiciary
act
february
stat
see
see
supra
statutory
code
procedure
flexible
changes
made
desirable
experience
promptly
made
overwhelming
weight
opinion
among
judges
lawyers
matters
practice
procedure
may
better
controlled
rule
see
robinson
held
federal
rules
criminal
procedure
appeals
enlarge
time
filing
appeal
even
though
found
excusable
neglect
thought
inter
alia
time
extensions
inconsistent
express
language
rule
deliberate
intention
drafters
case
decided
conflicting
considerations
favor
provision
resolved
process
judicial
decision
given
rather
clear
indications
language
background
existing
rule
omission
deliberate
although
government
relies
heavily
robinson
neither
language
background
rule
indicates
deliberate
intention
preclude
waiver
see
heflin
supra
taglianetti
supra
justice
white
chief
justice
justice
stewart
join
concurring
result
agree
congress
constitutionally
distinguish
theatrical
performances
tend
discredit
military
authorizing
persons
active
duty
wear
uniform
agree
however
conclusion
matter
law
petitioner
must
found
engaged
theatrical
production
within
meaning
issue
seems
properly
left
determination
jury
argued
exception
theatrical
productions
must
limited
performances
setting
equivalent
playhouse
theater
observers
necessarily
aware
watching
performance
interpretation
government
suggests
petitioner
must
found
matter
law
engaged
theatrical
production
hence
conviction
unauthorized
wearing
uniform
lawful
without
regard
validity
tend
discredit
proviso
hand
refusing
assay
definition
statutory
language
flatly
declares
interpretation
congress
possibly
meant
exclude
petitioner
street
skit
class
theatrical
productions
neither
extreme
view
correct
critical
question
deciding
count
theatrical
production
whether
considering
circumstances
performance
ordinary
observer
thought
seeing
fictitious
portrayal
rather
piece
reality
although
judge
instructions
precisely
reflect
interpretation
question
seems
eminently
suited
resolution
jury
proper
instructions
jury
concluded
theatrical
production
involved
case
verdict
sustained
however
judge
instructions
also
permitted
conviction
finding
petitioner
engaged
theatrical
production
production
tended
discredit
military
see
app
since
general
verdict
disclose
findings
one
constitutionally
entail
conviction
actual
finding
conviction
must
course
reversed
stromberg
california
thus
join
judgment
reversal
find
neither
necessary
correct
hold
petitioner
theatrics
perforce
amounted
theatrical
production