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U.S. v. EICHMAN

Crim. Nos. 89-0419, 89-0420 and 89-0421.

731 F.Supp. 1123 (1990)

UNITED STATES of America v. Shawn D. EICHMAN, David Gerald Blalock, Scott W. Tyler.

United States District Court, District of Columbia.

Probable Jurisdiction Noted March 30, 1990.

Attorney(s) appearing for the Case

Craig Iscoe, Asst. U.S. Atty., Washington, D.C., for plaintiff.

Nina Kraut, Washington, D.C., David Cole, Center for Constitutional Rights and William Kunstler and Ronald Kuby, New York City, for defendants.

Michael Davidson, Senate Legal Counsel, Ken U. Benjamin, Jr., Deputy Senate Legal Counsel and Morgan J. Frankel and Claire M. Sylvia, Asst. Senate Legal Counsel, Washington, D.C., amici curiae for U.S. Senate.

Steven R. Ross, Gen. Counsel to the Clerk, Charles Tiefer, Deputy Gen. Counsel to the Clerk, Michael L. Murray, Sr. Asst. Counsel to the Clerk, Janina Jaruzelski and Robert Michael Long, Asst. Counsel to the Clerk and Asst. U.S. Atty., Washington, D.C., for Speaker and Leadership Group of the House of Representatives.

Probable Jurisdiction Noted March 30, 1990. See 110 S.Ct. 1779.

OPINION

JUNE L. GREEN, District Judge.

This matter is before the Court on the defendants' Motion to Dismiss the informations filed against Shawn D. Eichman, David Blalock and Scott W. Tyler based on the alleged unconstitutionality of the Flag Protection Act of 1989 under which the defendants were charged. Upon consideration of the defendants' motion, the government's opposition, memoranda...

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