This section contains the nature of the case and procedural background.

Ds were part of a group of demonstrators that traveled to Vernon, Vermont, to protest at the main gate of a nuclear power plant known as Vermont Yankee. Ds had joined a rally designed to prevent workers from gaining access to the plant and placing it online. Ds were protesting on the private property of a nuclear power plant. They were asked to leave and refused. They were arrested and convicted of criminal trespass. They appealed, claiming that the necessity of stopping a nuclear disaster justified their presence on the property.

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