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663 F.2d 411 ( 1981 ) . Said section 408e was rewritten and the phrase '' offenses as they are defined either at common law or by the laws of the place from which the fugitive flees '' were inserted to remove the ambiguity discussed in the opinion of the Circuit Court of Appeals , Third Circuit , in Brandenburg v. U.S ., decided September 6 , 1944 , not yet reported ( 144 F2d 656 ) , reversing the conviction of the appellant . See United States v. Dayton , 604 F.2d 931 , 946 ( 5th Cir . As affirmative defenses Respondent pleads that its activity , called in issue by the complaint , was protected by the First Amendment to the Constitution of the United States and that it communicated more valid and important information than the booklet protected in United States v. Pellegrino , 467 F2d 41 ( 9th Cir ., 1972 ) . " See 707 F.2d , at 1099 . " Graibe , 946 F.2d at 1435 . Portland Cement , cited in the comment , states that challenges made on judicial review to standards established in rulemakings " must be limited to points made by petitioners in agency proceedings , " id ., 486 F.2d at 394 , not to parties in adjudicatory proceedings .