U.S. v. Albertini

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Facts: Albertini engaged in peaceful demonstration on a naval base in Hawaii after receiving from its commander a "bar letter" which prohibited him from entering the base.

Procedural History: D was convicted in District Court. Ninth circuit court of appeals reversed. D protested other times and was arrested. Supreme Ct. granted certiorari for Albertini I and reversed, saying first amend. didn't preclude D from demonstrating in opposition to bar letter. Thereafter govn't pressed for conviction for the 2nd protest that the D did. District Ct. convicted for the 2nd time.

Arguments: D argued that due process prevented his second conviction because at the time he protested the 2nd time, he had received the legal right (from the 9th circuit court of appeals) to protest.

Reasons: At the time that the D committed the protests, he had a legal right to do so because the court had ordered so.

Judgment: Reversed.