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s to oOo, ™ f° renin an teem oe 7B g, a’ {os ot oo me - af , NY 100-162445 — "Hoffman was arrested outside the Cannon House Office | building on October 3, 1968, as he was preparing to attend a ; hearing before the House Internal Security Committee: 4.) "The hearings had been called to investigate the : disorders surrounding the Democratic National Convention in $ Chicago less than two months earlier. (,) "Hoffman was wearing a shirt made of shiny material i whose design resembled parts of the American Flag. On the * shirt were pinned two buttons, reading, ‘Wallace for President, Stand Up for America,' and tVote Pig - Yippie in Sixty-Eight. '%) a "Judge Charles Fahy, writing the unanimous opinion, ft ruled that congressional intent in writing the bill was clearly 'to condemn only physical mutilation, defacement or defilement of the Flag,' and that Hoffman's acts did not meet these descriptions .(,,) 4 "Iconsidering appelbte's testimony as to his political views and ideology, we may well assume that the episode had distinct flavor of marcasm or mockery, with an added element of childishness in his playing of the yo-yo, but appellate's performance to his audience did not include the physical injury to the material of the shirt essential to be proved beyond a reasonable doubt to support a conviction of the crime defined in the statute,! Fahy wrote. (cc) "Judge George M. Mackinnon in one of two concurring opinions, said that a study of the original trial records shows a lack of any evidence to demonstrate a knowing casting of contempt upon the flag by Hoffman. "(a The "New York Post”, a New York City daily newspaper, in its March 30, 1971, issue on page three contained an article entitled, “Abbie Wins and Waves Flag Shirt", which stated in part as boniows? ()