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Parker v. Levy

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Constitutional Law Keyed to Chemerinsky

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Bloomberg Law

Citation. 417 U.S. 733, 94 S. Ct. 2547, 41 L. Ed. 2d 439, 1974 U.S.

Brief Fact Summary. Levy (Respondent) is an Army physician who is being court-martialed for making disparaging statements about the United States’ involvement in Vietnam.

Synopsis of Rule of Law. The fundamental necessity for obedience, and the consequent necessity for imposition of discipline renders certain military regulations permissible that would otherwise be prohibited by the United States Constitution.


Facts. Respondent is the Chief of Dermatological Service at the United States Army Hospital at Fort Jackson. While examining enlistees for combat readiness he would often express a negative sentiment about the war in Vietnam. Particularly, he stated that black soldiers should not fight or join the military because they were subject to discrimination in their own country and were being the first to be killed in Vietnam. Furthermore, he claimed that the Special Forces lied to the soldiers and were murderers.

Issue. Is military regulation of speech constitutionally valid?

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