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University of Iowa anti-war protests, 1965-1967

31858064848116_004-02

[hand written]
DI
Dec. 31, 1965
"Steve Smith on Stand..." cont.
p. 2 (of 2)

Former Iowa Student Defends Card Burning

BY CHAD SKAGGS

DES MOINES (AP) - Stephen Smith testified at his U.S. District Court trial Thursday that he burned his draft card Oct. 20 at Iowa City in knowing violation of federal law.
   From the witness stand in the court of Judge Roy Stephenson, Smith declared:
"I think there are times when it is justified to disregard a statute of the United States of America."
   SMITH, who turned 21 last month, was a University of Iowa studen twhen he burned what he said was his draft card at a student gathering. He was arrested two days later at a friend's apartment, where he said he had met earlier with a group of studnets to discuss the burning.

[photo to right]
SMITH

   Under a new federal law, he could be sentenced to five years in prison and fined $10,000 if he is convicted of the draft card burning.
   The hearing was completed Thursday and Smith remained free on his own bond. Stephenson gave attorneys until Jan. 15 to file briefs, although he said the delay "does not mean that the court has not made up its mind on some things."
   SMITH, blue eyes and bearded, wore a sports jacket with leather elbow patches for his trial. His light colored hair was neatly parted.
   Slumped and moving occasionally in the witness chair, Smith talked freely about the card burning and insisted he did it to encourage debate over the war in Viet Nam.
   WILLIAMS PRESSED Smith to say whether he felt that he personally had the right to determine whether and when he would obey federal laws. Smith said he could not answer the questions "right now."
   "Is your mind confused?" asked Williams.
   Smith said that at the moment it was, to a certain extent. Williams asked Smith if his mind had been confused continuously since Oct. 20. 
   "I THINK I might have spent a few stable moments since Oct. 20," Smith retorted.
   There was earlier testimony from the FBI agent who arrested Smith that he not only carried the draft card but had no wallet. 
   Smith said Thursday he often did not carry a wallet - "It's kind of uncomfortable to sit on" - although he did keep in his wallet some things he considered valuable, including his draft registration certificate.
   Smith said he dropped out of school about Dec. 1 when "I sort of ran out of  money and I had a few other things on my mind." He still resides in Iowa City.
   HE TOLD of meeting with about eight or so students the night of Oct. 18 and the morning of Oct. 19 to discuss his plans to burn his draft card.
   "I felt that something had to be done... to sort of stop Congress more or less from taking further steps to reduce communication," Smith testified.
   He said he wanted "to create better liens of communication. Picket lines were accomplishing nothing. The teach-ins were attended mostly by people who were against the war in Viet Nam anyway.
   "The card burning was an attempt in some way to start, maybe, a meaningful dialogue on the war."
   HE TESTIFIED under cross questioning that he did no belong to the W. E. DuBois club and never had made a contribution to it. Williams asked him if he recalled writing a check last Jan. 11 for $3.50 to the W. E. DuBois Club of America. Smith said he sent a check for about that amount but added, "That was not a contribution."
Smith testified that the card burning was no an attempt to "knock over the entire selective service system," although "I object to any organization that tries to run my life."
   THIS EXCHANGE was followed by Williams' questions on whether Smith felt he had a right to say which federal laws he would obey and Smith's reply that disregarding a federal statute sometimes is justified.
   Defense attorney Craig Sawyer also called to the witness stand Paul Clark, 21, of Des Moines, a University of Iowa student. Clark said he attended a meeting the night of Oct. 18, when eight or 10 students discussed Smith's plans to burn his card.
   The only other defense witness was Col. Glenn R. Bowles, Iowa director of the Selective Service System. He testified that the main function of the draft registration certificate is "to identify the man as a Selective Service registrant." 
   IN HIS FINAL argument, Sawyer conceded that Smith did burn his card in violation of the law. But he argued that the law violates the free-speech provision of the U.S. Constitution. 
   Government attorney Donald M. Statton insisted the law does not repress free speech. He said mutilation of a draft card expresses no idea and conveys no information except that the card has been damaged. he said the law does not prevent anyone from saying anything he chooses wherever and whomever he wants to.
   Prosecutor Jerry Williams told the court that "some of our younger persons" seem to think they may accept the rights and privileges of U.S. citizenship while obeying only such laws as they choose.
   "The criminal statutes are enforceable whether the individual accepts them or not and the refusal to accept them [unintelligible] from honest convictions, shameful cowardice of the stirrings of an adolescent mind," Williams said.

Saving...

[hand written] DI Dec. 31, 1965 "Steve Smith on Stand..." cont. p. 2 (of 2) Former Iowa Student Defends Card Burning BY CHAD SKAGGS DES MOINES (AP) - Stephen Smith testified at his U.S. District Court trial Thursday that he burned his draft card Oct. 20 at Iowa City in knowing violation of federal law. From the witness stand in the court of Judge Roy Stephenson, Smith declared: "I think there are times when it is justified to disregard a statute of the United States of America." SMITH, who turned 21 last month, was a University of Iowa studen twhen he burned what he said was his draft card at a student gathering. He was arrested two days later at a friend's apartment, where he said he had met earlier with a group of studnets to discuss the burning. [photo to right] SMITH Under a new federal law, he could be sentenced to five years in prison and fined $10,000 if he is convicted of the draft card burning. The hearing was completed Thursday and Smith remained free on his own bond. Stephenson gave attorneys until Jan. 15 to file briefs, although he said the delay "does not mean that the court has not made up its mind on some things." SMITH, blue eyes and bearded, wore a sports jacket with leather elbow patches for his trial. His light colored hair was neatly parted. Slumped and moving occasionally in the witness chair, Smith talked freely about the card burning and insisted he did it to encourage debate over the war in Viet Nam. WILLIAMS PRESSED Smith to say whether he felt that he personally had the right to determine whether and when he would obey federal laws. Smith said he could not answer the questions "right now." "Is your mind confused?" asked Williams. Smith said that at the moment it was, to a certain extent. Williams asked Smith if his mind had been confused continuously since Oct. 20. "I THINK I might have spent a few stable moments since Oct. 20," Smith retorted. There was earlier testimony from the FBI agent who arrested Smith that he not only carried the draft card but had no wallet. Smith said Thursday he often did not carry a wallet - "It's kind of uncomfortable to sit on" - although he did keep in his wallet some things he considered valuable, including his draft registration certificate. Smith said he dropped out of school about Dec. 1 when "I sort of ran out of money and I had a few other things on my mind." He still resides in Iowa City. HE TOLD of meeting with about eight or so students the night of Oct. 18 and the morning of Oct. 19 to discuss his plans to burn his draft card. "I felt that something had to be done... to sort of stop Congress more or less from taking further steps to reduce communication," Smith testified. He said he wanted "to create better liens of communication. Picket lines were accomplishing nothing. The teach-ins were attended mostly by people who were against the war in Viet Nam anyway. "The card burning was an attempt in some way to start, maybe, a meaningful dialogue on the war." HE TESTIFIED under cross questioning that he did no belong to the W. E. DuBois club and never had made a contribution to it. Williams asked him if he recalled writing a check last Jan. 11 for $3.50 to the W. E. DuBois Club of America. Smith said he sent a check for about that amount but added, "That was not a contribution." Smith testified that the card burning was no an attempt to "knock over the entire selective service system," although "I object to any organization that tries to run my life." THIS EXCHANGE was followed by Williams' questions on whether Smith felt he had a right to say which federal laws he would obey and Smith's reply that disregarding a federal statute sometimes is justified. Defense attorney Craig Sawyer also called to the witness stand Paul Clark, 21, of Des Moines, a University of Iowa student. Clark said he attended a meeting the night of Oct. 18, when eight or 10 students discussed Smith's plans to burn his card. The only other defense witness was Col. Glenn R. Bowles, Iowa director of the Selective Service System. He testified that the main function of the draft registration certificate is "to identify the man as a Selective Service registrant." IN HIS FINAL argument, Sawyer conceded that Smith did burn his card in violation of the law. But he argued that the law violates the free-speech provision of the U.S. Constitution. Government attorney Donald M. Statton insisted the law does not repress free speech. He said mutilation of a draft card expresses no idea and conveys no information except that the card has been damaged. he said the law does not prevent anyone from saying anything he chooses wherever and whomever he wants to. Prosecutor Jerry Williams told the court that "some of our younger persons" seem to think they may accept the rights and privileges of U.S. citizenship while obeying only such laws as they choose. "The criminal statutes are enforceable whether the individual accepts them or not and the refusal to accept them [unintelligible] from honest convictions, shameful cowardice of the stirrings of an adolescent mind," Williams said.