Schacht v. United States
Encyclopedia
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.
, 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.
right to Free Speech
. This, in effect, struck the final clause of 10 U.S.C. §772 (f).
if the portrayal does not tend to discredit that armed force."
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
grounds.
Background
Daniel Jay Schacht performed in a rehearsed skit while wearing an accurate military uniform. The skit was in opposition to the Vietnam WarVietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
, 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 AmendmentFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right to Free Speech
Freedom of speech in the United States
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...
. 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.... 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 forceExternal links
- Schacht v. United States at FindLaw