435 F.2d 1059 (7th Cir. 1970), 18424, Chase v. Robson

Docket Nº:18424, 18417.
Citation:435 F.2d 1059
Party Name:Frederick Joseph CHASE et al., Petitioners, v. Honorable Edwin A. ROBSON, Judge, United States District Court for the Northern District of Illinois, Respondent. UNITED STATES of America, Plaintiff-Appellee, v. Frederick Joseph CHASE et al., Defendants-Appellants.
Case Date:May 01, 1970
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 1059

435 F.2d 1059 (7th Cir. 1970)

Frederick Joseph CHASE et al., Petitioners,

v.

Honorable Edwin A. ROBSON, Judge, United States District Court for the Northern District of Illinois, Respondent.

UNITED STATES of America, Plaintiff-Appellee,

v.

Frederick Joseph CHASE et al., Defendants-Appellants.

Nos. 18424, 18417.

United States Court of Appeals, Seventh Circuit.

May 1, 1970

Patrick J. Hughes, Jr., William C. Cunningham, Chicago, Ill., Anthony P. Locricchio, Clair Shores, Mich., for Chase et al.

Thomas A. Foran, U.S. Atty., Chicago, Ill., for Judge Robson.

Marc R. Kadish, Rene C. Hanover, Frank A. Anglin, Jr., Chicago, Ill., amici curiae.

Before SWYGERT, Chief Judge, and KILEY and KERNER, Circuit Judges.

Page 1060

ORDER

PER CURIAM.

The above matter comes before this court on a petition for writ of mandamus and prohibition, or in the alternative, as an appeal from an order below, 309 F.Supp. 430. The petitioners, Frederick Joseph Chase, et al., are the defendants in a criminal case No. 69 CR 364 pending before the respondent, United States District Judge Edwin A. Robson, and scheduled to begin trial on May 4, 1970. The petitioners are charged in a four-count indictment with injury and depredation of files, records and documents located at a Chicago selective service area headquarters; removal, mutilation and destruction of selective service registration cards; interference with the administration of the Selective Service Act by removal and destruction of records; and conspiracy to injure and commit depredations against government property.

The above matter arises from a sua sponte order issued by the Honorable Edwin A. Robson at the time of the pretrial motions in the case of United States of America v. Frederick Joseph Chase et al. The sua sponte order in pertinent part provides:

'It is further ordered that counsel for both the Government and the defendants, as well as each and every defendant herein, make or issue no statements, written or oral, either at a public meeting or occasion, or for public reporting or dissemination in any fashion, regarding the jury or jurors in this case, prospective or selected, the merits of the case, the evidence, actual or anticipated, the witnesses, or the rulings of the court. This order shall remain in force during the pendency of this action in this court. No person covered by this order shall avoid its proscriptions by actions which indirectly, but deliberately, cause a violation of this order. Violation of this order subjects the transgressor to appropriate sanctions by the court.' (S) Edwin A. Robson, February 24, 1970.

The petitioners challenge this order as unconstitutionally overbroad and violative of their first amendment rights of freedom of speech.

From the full text of Judge Robson's order it appears that the order is based on the following:

(1)...

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