THE U.S. ARMY'S REACTION TO DISSENT IN 1969

       As you can read in my book, On a Tree in Lincoln Park, I wasn't the most enthusiastic soldier when I served in the U.S. Army from 1968 to 1971.  There was the draft then, and a lot of anti-war dissent.  I had believed the lies that if you enlist you won't go to Vietnam and you can choose the job you want to do in the Army, so I enlisted.  It turned out that many enlistees were sent to Vietnam.  I put in for the APO (Army postal service) because it beats fighting in a war, but who cared?  Because of the results of my testing, I was given the M.O.S. of Nuclear Weapons Maintenance.  But this required a Secret Clearance, which necessarily kept me out of any battle area because of information I might be tortured into giving to the enemy if captured.  So I dealt with nuclear warheads instead of mail.  I put in for Europe, and was sent to South Korea.  When I returned to the U.S. I put in for Fort Lewis WA or at least the West Coast so I'd be close to home, and was sent to Fort Bragg, North Carolina.  It wasn't until I got out of the Army that I realized that they gave you the opposite of whatever you put in for. 

        I did not like working with nuclear weapons when in Korea, but found some fun in it.  While two men were busy calibrating a warhead, I went into the radioactive room and got a surgical rubber glove, then blew it up with air, sneaked up behind the men, and popped it.  They jumped a mile!  But unfortunately a warrant officer happened to walk in just as I did it.  He took me back in his office and threatened me never to do that again.

       Well, the next time I did it, the same warrant officer happened to walk in just as I did it.  This time, in his office, he told me that the clerk who ran the Post's Mail Room had just transferred out, and that I should (a.k.a. better) volunteer to take his place.  Instead of the APO (which was in the same headquarters building and had several men working in it), this was the Mail Room and I was it.  I was on my own in the office, to do the clerical work, sort the mail, and give it out through the little window to very happy G.I.'s, and had no supervisor.  It was the best job I ever had in the Army.  I made people happy, and had a Secret Clearance to keep me out of war.

       But because I had always been spoiled, and hated taking orders, I often rebelled, sometimes secretly and sometimes blatantly.  In basic I deserted and was on my way to Canada, was arrested in Tacoma by M.P.'s and brought back.  At Sandia Base in Albuquerque, where I learned how to maintain nuclear weapons, by nickname was "Hippie," having spent my first leave at the Sky River Rock Festival and Lighter than Air Fair.  And while stationed at Fort Bragg, I lived in a commune and frequented an anti-Army coffeehouse.  I often wondered how I got away with so many things I thought I'd get in trouble for.  After three years of service and an honorable discharge, I eventually ran across this August 1969 article in the Army Digest archives - "Guidelines on Dissent."  The Army was actually more lenient than I thought.  The print is tiny, so I retyped it below.

 With recent emphasis in news media on so-called dissent among military personnel, many questions have been raised publicly concerning proper treatment of manifestations of such occurrences.  To clarify Department of the Army policy, and provide guidance for commanders who face the problems of soldier dissent which my arise on Post, Department of the Army recently issued a letter of “Guidance on Dissent.”  The letter has gone out to major theater and Army commanders world-wide.

“Specific dissent problems can, of course, be resolved on the basis of the particular facts of the situation, and in accordance with provisions of applicable Army regulations,” the letter states, and further points out that while the First Amendment to the Constitution provides for freedom of speech and press, “nevertheless, the Government and our citizens are entitled to expect that, regardless of disagreement, every citizen and every soldier will obey the law of the land.”

“It is the policy of the Department of the Army to safeguard the Service member’s right of expression to the maximum extent possible,” the letter states, “and to enable the Army to perform its mission, in the interest of National Defense . . .

“. . . It is important to remember that the Commander’s responsibility is for the good order, loyalty and discipline of all his men.  Severe disciplinary action in response to a relatively insignificant manifestation of dissent can have a counter productive effect on other members of the Command, because the reaction appears out of proportion to the threat which the dissent represents . . .

“On the other hand, no commander should be indifferent to conduct which, if allowed to proceed unchecked, would destroy the effectiveness of his unit.  In the final analysis no regulations or guidelines are an adequate substitute for the calm and prudent judgment of the responsible commander.”

Possession and distribution of political materials.  In case of publications distributed through official channels, the commander is authorized to delay distribution of a specific issue – but only if he determines that it presents a clear danger to the loyalty, discipline, or morale of his troops.

In case of distribution through other than official outlets, the commander may require that prior approval be obtained; otherwise he may prohibit distribution.

However, distribution may not be prevented because the commander does not like contents of the publication, even if it is critical of government policies or officials.  But distribution may be prohibited if the publication is obscene or otherwise unlawful, or if the manner of accomplishing the distribution materially interferes with accomplishment of a military mission.

Mere possession of a publication may not be prohibited – but possession of an unauthorized publication, coupled with an attempt to distribute in violation of Post regulations, may constitute an offense.  Cases involving possession of several copies of an unauthorized publication or other indications of an intent to distribute, are to be investigated.

Coffee Houses.  Commanders have authority to place such establishments off limits if it can be shown that activities taking place in coffee houses include counseling soldiers to refuse to perform duty or to desert, or otherwise involve illegal acts with a significant adverse effect on health, morale, or welfare – but the Army should not use its “off limits” power to restrict soldiers in exercise of their Constitutional rights of freedom of speech and freedom of association.  Any such action should be taken only on basis of cogent reasons, supported by evidence.

“Servicemen’s Union.”  While current regulations do not prohibit membership in such organizations, commanders are not authorized to recognize or to bargain with a “servicemen’s union.”  If specific actions by individual members constitute offenses under the Uniform Code of Military Justice or Army Regulations, these may be dealt with appropriately.  Collective or individual refusals to obey orders are one example of such conduct.

Underground Newspapers.  Publication of “underground newspapers” by soldiers off Post, on their own time and with their own money and equipment, is generally protected under the first Amendment to the Constitution.  However, Army Regulations provide that personal literary efforts may not be pursued during duty hours or accomplished by use of Army property.  Unless a newspaper contains language, utterance of which is punishable under Federal law, authors of an “underground newspaper” may not be disciplined for mere publication.  Distribution, of course, is governed as detailed above.

On-Post Demonstrations by Civilians.  A commander may legally bar individuals from entry on a military reservation for any purpose prohibited by law or lawful regulation.  It is a crime for any person who has been removed and barred to re-enter.  However, a specific request for a permit to conduct an on-Post demonstration in an area to which the public has generally been granted access, should not be arbitrarily denied, except in cases where the demonstration may prevent orderly accomplishment of the Post mission – or endanger the loyalty, discipline and morale of troops.

Demonstrations by Soldiers.  All on-Post demonstrations by Army members are prohibited under AR 600-20 and 600-21.  Off-Post demonstrations are prohibited when Army members are in uniform, on duty, or in a foreign country, or when such activities constitute a breach of law and order, or when violence is likely to result.

Grievances.  The letter points out that right of members to complain and request redress of grievances is protected by The Inspector General System as well as Article 138, Uniform Code of Military Justice.  It also points out that soldiers may petition any Member of Congress, and emphasizes that complaining personnel “must not be treated an enemies of the system.”  “In any system as large as the Army,” it states, “it is inevitable that situations will occur giving rise to valid complaints and over the years such complaints have helped to make the Army stronger while assuring compliance with proper policies and procedures.”

The letter concludes:  “The mission of the Army is to execute faithfully, as ordered, policies and programs established in accordance with law by duly elected and appointed Government officials.  Unquestionably, the vast majority of service members are prepared to do what is required of them to perform that mission, whether or not they agree in every instance with the policies the mission reflects.”