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American Friends Service Committee — Part 17
Page 22
22 / 82
. . . é . ; ), ;
™ : s- sa batt
uit, = =i: 8 181 P-ED233 DFT OU0a LS So
~-New Yorr Times, Kov. 3, 1997, De l+-
, ~
. tu = directive dsted Octob-r 26, 1957, General Levis B. Hershey,
Selective Service Syeten Director, instructed the netion's 4100 locel
dreft sozrde es follows: ; °
: {liesrl eetivitr which interferes vita recruiting cr cuusss
refuszl of *uty in the militer: forces could not oy eny stretch
of the dmcctinztion be construed as being in suo-ort of the notion
al interesti...Denonstrati-ns, woen they become illegsl, have
pro@uced -nd will continue to nrofuce much evidence the t reletes
to the bests for clrseteficetian....4 loe-1 boerd, woon receint
of this infornation, open the clessific-tion..a2ndee.
declare the recistr-nt to be ¢ delinquent. (u.¥. Times, For. 9,
is the Times revorter covering, the interview of Fov, 7 strtes,
"the decision vould resvilti in the drsfting cf students or other young
persons woe hold deferments but nc rticipe te in enti-ewnar demonstretions
edjudged to interfere vith selective service operation,” ostensibly
under the-st-tute tht vrovides vensities for "any person *ho shall
Imovwinzgly interfere....in cny Wry by force or violence...." with the
operetion cf the draft systen. :
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SUCH US: OF SE SELECTIVE (S°VICE SYS@fEN I3 UNCONSTITUTIONAL.
On October 15, 1965 University of Michieon students protested
the Vietnom ver by st-einge sitein ~t the local Selective Service
board at inn &rbor, Michigan. Ten of these students.lost their II-&
deferments end were recl-ssified I-% by their locrl boards -t the
behest of Generzl Hershey. Two students snpesled
this violétion of their rivnts of free sveech by suing the Selective
Service System. In the case of Peter Yolff end Rich-rd Short vs.
Selective Se vice Locsl 3oerds #16 snd #65, the United States Second
Court of 4pnesls ruled on Jenuary 30, 1967 es follows:
a
1. “Bocel dreft bo-rd &1d not have 2uthority to decide
as
|
ba So A
Selective service recistrant was ‘delimuent’ beceuse o
perticipatton in demonstr-tionee.s. | ,
3. Doccl srlective service board did not heve function of
. punishing individusl registr-nts for perticip2tins in
demonstration....
~~ | 6. eeeCompl-int...thet registrent's Zonstitutional rights of
speech and assembly. wave infrinzed by draft board's re-
clessificatin....beceuse of p-rticinatitn in demonstration..
Would t-ke orecedence over nolicy of court of nonintervention
fin effairs of selective service. :
| . .. 22. Ordinerily, selective service registrent must weit until
ct
hat
Py ct
he recieves induction order, 2nd hes either obeyed it,
or is prosecuted for refusing to obey it...
16. Mere thre-t of imnceition of unconstitutional senetions will
cause immediete irreparable injury to free exercise of rights
as fragile -nd sensitive to suo oression es freedom of speech
and assembly... . ne :
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