Rolland O'hare Papers
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Vietnam War on Trial: the Court-Martial of Dr. Howard B. Levy
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 1994 Vietnam War on Trial: The Court-Martial of Dr. Howard B. Levy Robert N. Strassfeld Case Western Reserve University - School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Military, War, and Peace Commons Repository Citation Strassfeld, Robert N., "Vietnam War on Trial: The Court-Martial of Dr. Howard B. Levy" (1994). Faculty Publications. 551. https://scholarlycommons.law.case.edu/faculty_publications/551 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. TilE VIETNAM WAR ON TRIAL: TilE COURT-MARTIAL OF DR. HOWARD B. LEVY ROBERT N. STRASSFELD• This Article examines the history of a Vietnam War-era case: the court-martial of Dr. Howard B. Levy. The U.S. Army court-martialled Dr. Levy for refusing to teach medicine to Green Beret soldiers and for criticizing both the Green Berets and American involvement in Vietnam. Although the Supreme Court eventually upheld Levy's convicti on in Parkerv. Levy, ill decision obscures the political content of Levy's court-martial and its relationshipto the war. At the court-martialLe vy sought to defend himself by showing that his disparaging remarks about the Green Berets, identifying them as "killers of peasants and murderers of women and children," were true and that his refusal to teach medicine to Green Beret soldiers was dictated by medical ethics, given the ways in which the soldiers would misuse their medical knowledge. -
Security and Freedom-That Is Today’S Great Challenge
SECURITYand FREEDOM the GREAT CHALLENGE Thirtieth Annual Report of the American Civil Liberties Union Dedicated to ROGER N. BALDWIN Esecntive Director 1920-1910 JOHN HAYNES HOLMES Chairman of the Board of Directors 1940- 19 T 0 EDWARD A. ROSS Chairman of the National Committee 1940-1950 with Respect, Gratitude and Affection TABLE OF CONTENTS INTRODUCTION--“A FREE NATION OF FREE PEOPLE” 5 SECURITY AND CIVIL LIBERTIES .,.. 10 A. GENERAL ANTI-SEDITION LBGISLAI‘IVE EFFORTS 10 1. The McCarran Act ,. .,, 10 2. “Little McCarran” Acts 3. The Smith Act .,. ,.,..... ,.. :i 4. House Un-American Activities Committee ,........ .,............ 5. House Lobbying Committee ::, 6. State Investigations 17 B. SKIJRITY AND LOYAL’IY AMONG EMPLOYEES 17 1. Federal Program 2. The McCarthy Charges ::, 3. State and Local Programs; 4. Private Programs’ 22 C. OTHER THREATS TO FREEDOM OF OPINION 25 1. General Free Speech .,,....,,..,.... 2. Radio and Movies ., :: 3. Magazines and Books ..,. .._........... 29 4. Schools and Colleges .._.......... 5. Labor Unions .._...... 6. Aliens .._ .,..... .,.. .._ 7. Conscientious Objection __....,.._.........._.,..,,.......,,........................... D. OTHER THREATS TO DUE PROCESS OF LAW 1. Wiretapping ..,,...., .,..... 2. Bail Cases 3. Picketing of Courts 4. Grand Juries 38 THE FIRST FREEDOM .._............... 39 A. GENERAL FREE EXPRESSION .._.............................. B. LABOR ,,., . .. .. .. .. .. :; C. CENSORSHIP .,,,,.. ,.,... 40 D. RELIGION .,.. 44 DUE PROCESS OF LAW ,. 46 A. WIRETAPPING ,, ., .,,.... ..,...,_ .,, .,... .., .,.. 46 B. FAIR TRIAL .., 48 C. PUNISHMENT ,,... ,, 49 EQUALITY 49 A. MINORITIES ..~... 50 B. STATE AND LOCAL GOVERNMENT ACTIVITIES .._......... .._...... 53 1. Employment and Education .._ 2. Housing and Public Accommodations :; 3. Voting and Fair Trial .,.... ,... 55 C. PRIVATE ORGANIZATIONS 56 1. Social 56 2. -
Convert Finding Aid To
Morris Leopold Ernst: An Inventory of His Papers at the Harry Ransom Center Descriptive Summary Creator: Ernst, Morris Leopold, 1888-1976 Title: Morris Leopold Ernst Papers Dates: 1904-2000, undated Extent: 590 boxes (260.93 linear feet), 47 galley folders (gf), 30 oversize folders (osf) Abstract: The career and personal life of American attorney and author Morris L. Ernst are documented from 1904 to 2000 through correspondence and memoranda; research materials and notes; minutes, reports, briefs, and other legal documents; handwritten and typed manuscripts; galley proofs; clippings; scrapbooks; audio recordings; photographs; and ephemera. The papers chiefly reflect the variety of issues Ernst dealt with professionally, notably regarding literary censorship and obscenity, but also civil liberties and free speech; privacy; birth control; unions and organized labor; copyright, libel, and slander; big business and monopolies; postal rates; literacy; and many other topics. Call Number: Manuscript Collection MS-1331 Language: English Note: The Ransom Center gratefully acknowledges the assistance of the National Endowment for the Humanities, which provided funds for the preservation and cataloging of this collection. Access: Open for research Administrative Information Acquisition: Gifts and purchases, 1961-2010 (R549, R1916, R1917, R1918, R1919, R1920, R3287, R6041, G1431, 09-06-0006-G, 10-10-0008-G) Processed by: Nicole Davis, Elizabeth Garver, Jennifer Hecker, and Alex Jasinski, with assistance from Kelsey Handler and Molly Odintz, 2009-2012 Repository: The University of Texas at Austin, Harry Ransom Center Ernst, Morris Leopold, 1888-1976 Manuscript Collection MS-1331 Biographical Sketch One of the most influential civil liberties lawyers of the twentieth century, Morris Ernst championed cases that expanded Americans' rights to privacy and freedom from censorship. -
Rutgers, the State University of New Jersey New
RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY NEW BRUNSWICK AN INTERVIEW WITH ROBERT REMAR FOR THE RUTGERS ORAL HISTORY ARCHIVES INTERVIEW CONDUCTED BY MOLLY GRAHAM ATLANTA, GEORGIA MAY 18, 2015 TRANSCRIPT BY JESSE BRADDELL Molly Graham: This begins an oral history interview with Robert Remar for the ACLU Oral History Project. The interview is taking place on May 18, 2015 in Atlanta, Georgia and the interviewer is Molly Graham. So we had gotten up to the late ‘70s and you joining, I think the Georgia affiliate of the ACLU. Maybe just talk about how you got on their radar or how that happened. Robert Remar: Well, I think I did talk about that. Gene Guerrero, who was the director at the time, contacted me when I was a legal services lawyer down in Savannah, Georgia to represent some inmates at the Georgia State Prison. [Editor’s Note: Gene Guerrero is currently the Director of the Crime and Violence Prevention Initiative of the Open Society Foundations.] So that was my first connection with the ACLU of Georgia. Then in, I think it was 1978, I was asked to serve on their legal committee. There was not a staff lawyer, so almost all of the legal work was done by volunteer lawyers and there was a legal committee to screen the cases. Shortly after that, I then joined the Board of Directors and served on the Board of Directors from 1979 until probably the late ‘80s. I was President of the Georgia affiliate from 1985 to 1987, somewhere in those years. MG: Can you talk a little bit about the history of the Georgia affiliate? RR: I’ll tell you what I know, what I remember. -
American Civil Liberties Union Prof
NATI NAL COMMITTEE THURMAN ARNOLD BISHOP JAMES CHAMBERLAIN BAKER FRANCIS BIDDLE AMERICAN CIVIL LIBERTIES UNION PROF. EDWIN M. BORCHARD VAN WYCK BROOKS 170 Fifth Avenue, New York 10, New York DR. HENRY SEIDEL CANBY DR. ALLAN KNIGHT CHALMERS WILLIAM HENRY CHAMBERLIN ORegon 5-5990 # MORRIS L. COOKE PROF. GEORGE S. COUNTS ELMER DAVIS OFFICERS JOHN DOS PASSOS PROF. EDWARD ALSWORTH ROSS PEARL S. BUCK B. W. HUEBSCH ARTHUR GARFIELD HAYS MELVYN DOUGLAS Chairman, National Committee LLOYD K. GARRISON Treasurer MORRIS L. ERNST SHERWOOD EDDY ROGER N. BALDWIN Counsel THOMAS H. ELIOT REV. JOHN HAYNES HOLMES DR. FRANK P. GRAHAM Director MRS. DOROTHY CANFIELD FISHER Chairman, Board of Directors RT. REV. EDWARD L. PARSONS GEORGE E. RUNDQUIST HERBERT M. LEVY WALTER T. FISHER Vice-Chairmen, National Committee Assistant Director Staff Counsel REV. HARRY EMERSON FOSDICK DEAN CHRISTIAN GAUSS DEAN CHARLES W. GILKEY EARL G. HARRISON MARVIN C. HARRISON QUINCY HOWE DR. ROBERT M. HUTCHINS January 27, I960* DR. CHARLES S. JOHNSON DR. MORDECAI W. JOHNSON SABURO KIDO BENJAMIN H. KIZER DR. JOHN A. LAPP Dear Mr. Edelsteint PROF. HAROLD D. LASSWELL MRS. AGNES BROWN LEACH MAX LERNER Thanks for your letter of the 25th^ followed by your PROF. ROBERT MORSS LOVETT PROF. ROBERT S. LYND letter of the 26th which I have received this morning. Please PROF. ARCHIBALD MACLEISH give the Senator my thanks for his personal letter, and ray- JOHN P. MARQUAND PROF. &RTLEY F. MATHER greetings in anticipation of the Roger Baldwin dinner on the WILLIAM MAULDIN BISHOP FRANCIS J. MCCONNELL 22nd next. DR. ALEXANDER MEIKLEJOHN DR. CHARLES CLAYTON MORRISON A.