Parker v. Levy case brief summary
417 U.S. 733 (1974)
CASE SYNOPSIS
Appellee prisoner filed a petition for
habeas corpus relief from his convictions and sentence for violations
of arts. 90, 133, 134, Unif. Code Mil. Justice. The trial court
denied the prisoner's petition. The United States Court of Appeals
for the Third Circuit reversed the trial court's judgment, holding
that arts. 133, 134 were void for vagueness, and therefore a new
trial was required on the Article 90 charges. The government
appealed.CASE FACTS
The prisoner filed a petition for habeas corpus review of his general court-martial convictions and sentence for willful disobedience of a lawful command of a superior officer in violation of Article 90, conduct unbecoming an officer and a gentleman in violation of Article 133, and conduct to the prejudice of good order and discipline in the armed forces in violation of Article 134. The trial court denied the petition. The intermediate appellate court reversed the trial court's judgment, holding that arts. 133, 134 were unconstitutionally vague.
DISCUSSION
- The Court reversed the intermediate appellate court's judgment.
- It held that the prisoner's challenge to arts. 133, 134 as unconstitutionally vague had to fail, because he could have had no reasonable doubt that his public statements urging Negro enlisted men not to go to Vietnam if ordered to do so were both unbecoming an officer and a gentleman and to the prejudice of good order and discipline in the armed forces.
- The Court further held that arts. 133, 134 were not invalid for overbreadth, because there was a wide range of conduct to which arts. 133, 134 could be applied without infringement of the First Amendment.
The Court reversed the intermediate appellate court's judgment, which had found certain military articles unconstitutionally vague.
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