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No. 23-0207/AF. U.S. v. Samuel H. Smith. CCA 40202. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
WHETHER APPELLANT'S CONVICTION FOR BREACH OF PEACE, BASED EXCLUSIVELY ON SPEECH, IS LEGALLY INSUFFICIENT AND UNCONSTITUTIONAL WHERE, INTER ALIA, ALL PARTIES AGREE THE CHARGED SPEECH DID NOT CONSTITUTE "FIGHTING WORDS."
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