Brief for Petitioner, Gutknecht v. United States

Michael Tigar’s Notes:

Brief for Petitioner, Gutknecht v. United States, 396 U.S. 295 (1970).  I am including this because it was one of my first three Supreme Court briefs: this one, the reply brief, and the Breen brief.  When the Supreme Court granted certiorari in these two cases, ACLU counsel Mel Wulf called to say that if I would write both briefs, I could argue one of the cases.  I had to be allowed to argue pro hac vice because I had not been a member of the bar for long enough to qualify for Supreme Court bar admission. We won.  The issues of due process, free expression and national security were significant.

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