Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2004 ‘Lose in Vietnam, Bring Our Boys Home’ 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 Law Commons Repository Citation Strassfeld, Robert N., "‘Lose in Vietnam, Bring Our Boys Home’" (2004). Faculty Publications. 267. https://scholarlycommons.law.case.edu/faculty_publications/267 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. "LOSE IN VIETNAM, BRING THE BOYS HOME" ROBERTN. STRASSFELD. This Article examines the contest over dissent and loyalty during the Vietnam War. The Johnson and Nixon Administrations used an array of weapons to discourage or silence antiwar opposition. These included crinLinal prosecutions for "disloyal speech," a tool that they used with less frequency than s01ne other administrations in times of war; prosecutions for other "crimes" that served as pretext for prosecuting disloyal speech; infiltration and harassment; and an attempt to characterize their critics as disloyal. The antiwar movement, in turn, responded to allegations that dissent equaled disloyalty by offering an alternative vision of loyalty and patriotism. In so doing, they recast notions of allegiance, betrayal, support of the troops, and our obligations in the face of conflicting loyalties. INTRODUCTION ..................................................................................... 1892 I. THE USES OF LOYALTY IN THE VIETNAM WAR ERA ........... 1894 A. The Model of Legal Repression: The World War I Experience ...........................................................................