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Wayte v. United States (docket #: 83-1292) (1985)  [Findlaw]

Argument Date 11/06/1984
Decided 3/19/1985
Supreme Court Vote 7-2
Supreme Court Ruling First Amendment claim denied
IssueWhether a passive enforcement policy under which the Government prosecutes only those who report themselves as having violated the law, or who are reported by others, violates the First Amendment.
Majority Opinion Powell, J.
Dissenting Opinion Marshall, J. (joined by Brennan, J.)
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim denied
Oral Arguments Audio (Oyez)  [Oyez]
For Petitioner
Mark D. Rosenbaum

For United States
Solicitor General Rex Lee

For Amicus
David Crump for the Legal Foundation of America (for respondent)

Dennis E. Curtis for the Central Committee for Conscientious Objectors (for petitioner)

Ruling - Lower Court
710 F.2d 1385
"Court Hears Draft Case," The Washington Post, Nov. 7, 1984, Sect. A, p. 4
"Ignoring Reagan's Call to Arms," The Washington Post, Jan. 31, 1982, Sect. H, p. 7
"Indictment Reinstated of Draft Protestor," The Washington Post, July 20, 1983, Sect. A, p. 6
O'Toole, Thomas, "Draft Signup Grace Period is Extended," The Washington Post," Jan. 15, 1982, Sect. A, p. 1
Shane, "Equal Protection, Free Speech, and the Selective Prosecution of Draft Nonregistrants," 72 Iowa L. Rev. 359 (1987)
McCarthy, Colman, "Only a Few Dissent," The Washington Post, April 27, 1985, Sect. A, p. 1
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