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Abbie Hoffman — Part 28
Page 43
43 / 108
Stop the Triall
Freedom of speech and of the press were established at the trial of John Peter Zenger two
centuries ago. Yet, today the U.S. Navy ~~ backed by the fossil-like chairman of the House
Armed Services Commitiea, L, Mendel Rivers, (D. S.C.) are planning to court-martial the
First Amenchnent of the Constitution and thereby be in a position to smash the GI anti-war.
press.
The oft-postponed trial of this reporter will probably take place in the latter part of January
or early February. It will be in this trial that the military for the firet time will challenge -
the right of a GI to put out a paper on his own time, off-base and with his own funds ~~ a right
supposedly guaranteed by the Constitution. ~ 0
What staxted ont on June 20, 1969 as four-and-one-half single-spaced, typewritten pages
listing 14 charges and specifications was reduced to eight charges and specifications when
referred to trial August 28, 1969. After a hearing before Capt. B, Raymond Perkins, the mil-
itary judge, two more charges and specifications were dropped -- these alleging solicitation
to commit sedition and desertion through statements in OM,
But the System struck back and the convening authority, Rear Adm. George P, Koch, Comman-
* dent Washington Naval District, oxdered that the dismissed charges be reinstated,
‘My lawyexs were not disturbed by this new interference into the trial proceedings. They
carried the issue up to the Court of Military Appzals, which on Dec, 19, 1969 ordered Koch to
answer our charge that he applied command influence on the military judge iz ordering that —
the charges be reinstated.
‘ No matter what decision is finally reached by the Court, a ‘trial will take place on the six
counts under Article 134 Uniform Code of Military (In)Justice which have remained intact to
this date, It is under this notorious catchall provision of the code that I'm being charged with
the “cxime" of “advising and urging insubordination and disloyalty with intent to interfere with,
impair and influence the loyalty, morale and discipline of military and naval forces" through
. statements in OM "which said pamphlet which in its entirety contained statements disloyal to
the United States."
If found guilty of this “crime of speech" I could receive a dishonorable discharge and up to 39
years in jail. The ridiculousness of the charges and its obvious repressive intent does not need
1 expanding upon, except to say that as an American citizen I have been speaking and writing the
truth as I see it to be. If that be a “crime" it is one I PROUDLY admit: And I might add that
Iam more than willing to measure my “crime” against those who have perpetrated the illegal,
immoral and genocidal war being waged against the people of Vietnam,
Freedom of speech and freedom of the press are not liberties that are won easily -~ and are
not liberties to be given away easily. L, Mendel Rivers may get'the court-martial that he or-
dered and the Navy just may get the conviction that it wants so desperately, But I tell it to you
straight; theirs will be a hollow victory. It will be WE -- not THEY -- who will have the last
“2° word. Pray for the aged, And remember that we are the only damn younger generation around.
3.2. __ But if we DARE TO STRUGGLE and DARE TO WIN the peace that is rightfully ours; this trial
¥ will be stopped, If we fail in stopping this trial and others like it, the loss will ke felt by all.
. _ STOP THE TRIAL, Do not let the Navy court martial th the First Amendment. The struggle § is just
wha mtantonn “en Aired fain? © . : ”
~~ eT coke re eee eee ee
. . " - = _
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