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United States v. Schoon

United States Court of Appeals for the Ninth Circuit

971 F.2d 193 (1992)

Relevant factsFree

Gregory Schoon, Raymond Kennon Jr., Patricia Manning, and other protesters (defendants) entered an IRS office in Tucson, splashed simulated blood, and obstructed operations to protest U.S. policy toward El Salvador, refusing repeated warnings to leave before their arrest. At their bench trial, they argued a necessity defense based on conditions in El Salvador, but the judge rejected that defense and convicted them; they appealed.

IssueFree

Whether protesters who obstruct a government office to protest an unrelated foreign policy, rather than the law they are actually violating, may invoke the necessity defense to justify their otherwise illegal conduct.

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