Once the victim fell down the other two would walk up to him and exclaim, ‘My God, this is a pregnant woman.’ Without noticeable variation this skit was reenacted several times during the morning of the demonstration.

"[2] "That night, armed FBI agents cornered Danny's car and arrested him as he left his father's electronics plant.

During closing argument the assistant U.S. Attorney, 'Moose' Hartman, pointed at Danny and yelled, 'If Schacht comes to my house and expresses himself like this he won't be able to walk into this courtroom to stand trial.'

Then, while punching holes in a piece of paper with a pencil, Noel glared at Danny and said, "Schacht's express purpose was to discredit the United States, of this army in Vietnam, to leave the impression to all watching that the soldiers of the country were attacking innocent people who were being killed by shooting .

Sixteen days later, on March 15, 1968, US Army Lieutenant William Calley led his troops into the tiny village of Mai Lai, where they slaughtered at least 347 unarmed men, women, and children.

A few days before, Schacht's father, also a political activist once arrested for displaying a sign in his yard supporting a black candidate for Houston's City Council, retained Berg.

Berg and his lifelong friend, Stuart Nelkin, drafted a brief and filed the petition for writ 101 days late.

Judge Noel, aware that the Court's decision granting cert signaled a likely reversal, released Schacht on bail pending the outcome of the appeal.

On March 31, 1970, Berg, then 28, argued the case before the U.S. Supreme Court against Solicitor General and former Dean of Harvard Law School, Erwin Griswold.

On May 25, 1970, the Court unanimously reversed Schacht's conviction, striking that portion of the statute prohibiting portrayals of the military in a manner that tends to discredit that branch of the armed forces as a violation of free speech.

The Schacht decision legitimized what was called "guerilla theater" and set a precedent allowing late-filed cases to proceed in SCOTUS, if warranted by the circumstances.

"Whoever, in any place within the jurisdiction of the United States or in the Canal Zone, without authority, wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the armed forces of the United States, Public Health Service or any auxiliary of such, shall be fined not more than $250 or imprisoned not more than six months, or both.