Opinion

In Re Burch

  • 73 Ohio App. 97
  • 28 Ohio Op. 171
  • 54 N.E.2d 803
  • 1943 Ohio App. LEXIS 632
Court
Ohio Court of Appeals
Filed
Oct 13, 1943
Status
Published
Author
Doyle
On the bench
Stevens, Washburn, Doyle
Cited by
1 cases

The opinion

Doyle, J.,

concurring. The offense to which Mr. Burch pleaded guilty is generally known as a political crime. It is

mal/um prohibitum

and not

malum in se.

It cannot under any fair legal construction come within the term “moral turpitude” as that term is used in the disbarment statute.

The activities of the appellant which formed the basis of the disbarment proceedings occurred before this country’s entrance into the war, and while the United States was at legal peace with the nations of the world.

It must be at all times rémembered that the right of free speech is a guarantee embodied in the Constitution of the United States. And while this writer

*107

vigorously dissents from some of Mr. Burch’s political views and activities as revealed by the record, nevertheless his right to express his views must be respected by the courts so long as his activities do not contravene the laws of the state and nation. This record does not reveal any such contravention.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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