Francis Assaf: Military uniform can be worn in protests of war

Posted: Tuesday, October 09, 2007

An Oct. 4 letter to the editor, "Peace protesters must respect U.S. soldiers," reads, in part, "Not only is wearing a United States military uniform without authority a federal crime, it is also highly offensive, distasteful, and has the potential to incite violence. " The writer is wrong, especially on the legal matter. In 1970, a majority of the United States Supreme Court found, in Schacht v. United States, that the wearing of a military uniform as part of a theatrical or motion-picture production, even if it was meant as criticism of the armed forces of the United States, their actions or their policies, is protected speech under the First Amendment of our Constitution.

The decision went on to define theatrical production as loosely as possible, so as to legitimize public demonstrations with a political purpose, which are, after all, a form of street theatre, open and free to all viewers.

The writer's thinking that the wearing, in protest, of a military uniform is "highly offensive, distasteful, and has the potential to incite violence," is his problem alone. If he (or anyone else) decides to incite violence in response, it's he who would be charged with breaking the law and presumably be punished, if found guilty.

Francis Assaf


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