Symbolic Speech And Its Impact

In December 1965, a group of Iowa residents, both adults and children, gathered to discuss ways in which they could protest American involvement in the Vietnam War, a very controversial issue at the time. The group decided to wear black armbands for the month of December as a form of peaceful

Many people in the 1960s and early 1970s did not understand why the United States was involved in the Vietnam War. Therefore, they had no desire to be a part of it. The Selective Service System, which was used to conduct the draft, had aspirations of directing people into areas where they were most needed during wartime. However, people took advantage of the draft system’s deferment policies to avoid going to war. Others refused induction or simply did not register. There were also people who left the country to escape the draft. The Vietnam War proved to be an event that many Americans did not agree with, and as a result, citizens took action to elude the draft entirely or to beat the draft system.

Freedom of speech is defined by the first amendment as “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of

This logic led many to flee to Canada or simply resist the draft. Protesters felt that the United States should not be involved in another nation’s civil war especially a war that uses tactics such as saturation bombing, the killing of civilians, and the use of toxic chemicals. David Harris, a draft resister, wrote, “The war was an extraordinarily obvious violation of everything that I had been led to expect from the country I was a part of….when my generation’s war showed up it turned to out to be a propping up of petty dictators so they could keep a good portion of their population in servitude” (Handout page 9). Mass protests occurred all around America. The New York Times wrote about just one protest that had occurred, “A vast throng of Americans, predominantly youthful and constituting the largest mass march in the nation’s capital, demonstrated peaceably in the heart of the city today, demanding a rapid withdrawal of United States troops from Vietnam….There were a number of arrests and minor injuries, mostly the result of tear gas” (Handout page 10). These protesters understood what the war was really doing to America and how immoral our actions truly were, but many others were in support of the war, thus causing a division in the United States.

Wanting to be able to continue the war effort in Vietnam, President Nixon asked the congress to create new draft law, effectively extending the current draft. Under the law which defined how a draft could be made law, one clause denoted a specific timeframe for which any new law could be created after one had expired. “The end came after a series of lawsuits challenged the draft upon its re-enactment and renewed conscription in 1972 without regard to the 90-day waiting period required in the original Korean War era draft law.” (Selective Service) This clearly states that a mandatory 90-day waiting period must be observed. Nixon paid no respect to this and neither did Congress, making those men drafted after the expiration date, essentially drafted illegally. This is illegality is further reinforced by the 9th Circuit Court of Appeals which found against the United States in a dispute over the draft law setting a precedent that it was, indeed, illegal. Not only was the Draft law found illegal, but the personal social lives of those drafted were forever harmed.

The military draft has been a controversial topic for many years in American society. The idea of a military draft has drastically changed between World War II and the Vietnam War. During the times of World War II, military service and draft was widely accepted by many Americans. During the World War II era, citizens felt that they had an “unlimited liability to perform military service when required by the state” (James 2). But as time progressed, military service and draft in the Vietnam War, constructed many doubts amongst many Americans. The U.S. draft is controversial between many Americans opinions because of its unfairness.

“Expression may be symbolic, as well as verbal. Symbolic speech is conduct that expresses an idea. Although speech is commonly thought of as verbal expression, we are all aware of nonverbal communication. Sit-ins, flag waving, demonstrations, and wearing…protest buttons are examples of symbolic speech. While most forms of conduct could be said to express ideas in some way, only some conduct is protected as symbolic speech. In analyzing such cases, the courts ask whether the speaker intended to convey a particular message, and whether it is likely that the message was understood by those who viewed it. In order to convince a court that symbolic conduct should be punished and not protected as speech, the government must show it has an important reason. However, the reason cannot be that the government disapproves of the message conveyed by the symbolic conduct” (Arbertman 442-3).

Few Americans that were drafted, however, did attend their injunction. Thomas Yager, Robert Laufer, Mark Gallops, PhD’s in psychiatry, confirmed that men who did attend, experienced several behavioral and emotional problems. Of these that attended, behavioral and emotional problems produced in the men who fought, usually went AWOL (absent without leave) and escaped to Canada through underground railroad tunnels whom were helped by anti-war supporters. Multitudinous amounts of young men attended college to avoid the draft; college students building their future were not permitted to be drafted in the war. Damien de Walque, a Senior Economist in the Development Research Group, believes that, “During the Vietnam War, college attendance provided a strategy to avoid the draft in the 1960’s.” As a result, families that could not afford college, were drafted into the war. College campuses became a crucible for anti-war protests. Students actualized protests against an unjust war at numerous college campuses, conceiving extreme amounts of tension across the nation. Kent State University is the most known anti-war protest college where students set fire to the ROTC building. Several students were killed, even those not involved in the protest. As protests increased, populous amounts of Americans had new judgement to evade the draft. Draft resistance became a day to day thing accumulating the struggle for war to be

Through the ideals escaping from a draft or deserting the war, then came the idea of injustice within the war. While at Fort Lewis, O’Brien

During the Vietnam War, Americans were selected for military service by a government agency called the selective service. Those young men between the ages of eighteen and twenty six were forced into an involuntary process called the draft. Protesting against conscription or “the Draft” had always been a part of wartime America. Though for many citizens the Vietnam War would be the drawing line. Mentioned in What’s Your Number? an article written by Historynet, the first drawing of numbers using a draft lottery system to select who would and would and would not be drafted for the Vietnam War took place on December 1, 1969 (Historynet 2009). This marks the beginning of turmoil and uncertainty for those men born between the years 1944 and 1950

Tim O’Brien was born in Austin, Minnesota on October 1, 1946 (Glerean). He spent his childhood growing up in Worthington, Minnesota. Worthington is a small town in the southern part of Minnesota. Tim’s father was an insurance salesman and participated in World War II as a sailor (Glerean). Tim’s mother was an elementary school teacher. Tim had an all-American childhood. He loved learning magic tricks, playing baseball, and reading books. He attended Macalester College and graduated in 1968 with a degree in political science (Tim O’Brien). Around the same time he received his diploma, Tim also received an unexpected and unwanted piece of paper: a draft notice (Glerean). O’Brien was against war, but despite this fact he went overseas to fight for America. He felt pressure from both his family and his country to fight in the war. O’Brien went to Vietnam despite his negative attitude toward the conflict. O’Brien fought in the Vietnam War from, 1969 to 1970. “He served in the 3rd Platoon; Company A, 5th Battalion, 46th Infantry

In result to this case, the majority of the court noted that the Texas law discriminated upon the law. They feel that this act might bring up anger in other people and more flag burning. The majority of the court also agreed that Johnson had the right to use that form of symbolic speech because it is protected by the first amendment. They find this act is very offensive, but the society’s outrage alone is not justification for depressing Johnson’s freedom of speech.

The anti-war protests of the 1960s was a response of resentment by minorities and young educated college students against the nation’s desire to participate in war against Communism in Vietnam and conduct a military draft. The protests, originally began with peaceful public demonstrations by activists, who were nonviolent; however, the peaceful demonstrators were frequently attacked and victimized by the police and other citizens, who did not share their same opinion. Throughout the peaceful protests the activists suffered many beatings in the hands of the police and as a result, many of the activists claimed the right of self-defense and turned to taking offensive actions against their oppressors including the police and other citizens. Later, the scene of violence and mayhem quickly shifted to college campuses, to which college students began protesting the draft (Gurr, 1989, pp. 183-185). At the time the average age of an American soldier serving in Vietnam was 19 and students quickly rebelled after realizing that young Americans were legally old enough to be drafted to fight and die, but were not yet legally allowed to vote or drink alcohol (UShistory, nd.).

Throughout human history, war has permeated the lives of billions of people. From early conflicts such as conquests to control vast swaths of land by Alexander the Great and Cyrus the Great to modern, global wars such as the World Wars, the concept of war has been at the forefront of humanity’s mind for centuries. However, in recent years, opposition to war and lack of participation in the military has become a common theme in many countries, including the United States. To help alleviate the troubles caused by lack of participation, the United States instituted a law allowing for the conscription of its citizens. Conscription, which can also be referred to as a draft, is defined as the compulsory drafting of citizens into military service (What). The Draft has been utilized throughout US History in a couple of prominent wars; however, opposition has manifested against the Vietnam War and the draft, rightfully stemming from ethical opposition to the war and hatred for what the war and the draft stood for.

I feel that it is good that we have a protection like the symbolic speech because it gives people the freedom to express their emotions without being punished. Even though I do not agree with some of the things people do as in the burning of the American flag or walking over it because I feel as if it is a disrespect to all Americans. But they feel they have a reason to do it so who am I to say they do not. I feel without this protection people would feel that they could not express how they felt about a situation that they are going through. Maybe they feel that America is doing wrong by their people, corporation, or government.