United States v. James Vincent Albertini

Good Law
710 F.2d 1410·1983 U.S. App. LEXIS 25617
United States Court of Appeals for the Ninth CircuitJuly 22, 198382-1090California3,494 words

Opinion

Opinion

Canby, J.

Defendant James Vincent Albertini appeals from his conviction under 18 U.S.C. § 1382 (1976) for illegal reentry onto a military base. Albertini reentered Hickam Air Force Base during an “open house” to distribute anti-war pamphlets. He contends that this activity was protected by the first amendment. We agree, and we reverse the conviction.

FACTS

On May 16, 1981, Hickam Air Force Base held its annual “Armed Forces Day Joint Service Open House.” The official theme of the open house was “U.S. Armed Forces — Strong and Ready.” The Air Force promoted the event for several weeks with radio and newspaper advertisements. One news release described the occasion:

A radio “beeper” added: “Hickam’s Main Gate opens at 9:00, the public is invited and it’s all free!” During the open house, some parts of the base, where the normal military activities of the installation were carried on, remained closed, fenced off, and guarded.

Thousands of people entered the base on May 16 to see the displays and partake of the festivities. Included among them were James Albertini and four companions who came to protest the arms race. They gathered in the shadow of the B-52 bomber display, and unfurled a…

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