The Show Goes On

The Government cannot use the draft to stifle dissent by critics of the U.S. war effort in Viet Nam, a U.S. appeals court recently ruled. But the critics have certainly not stopped using the draft to dramatize their dissent. Last week Pacifist David J. Miller, 24, not only used the draft, he used a court as well to stage one of the weirdest dissents of the year.

Last year Miller became the first person to be convicted under a new federal law that makes card burning punishable by as much as five years' imprisonment. U.S. Judge Harold R. Tyler Jr. suspended Miller's three-year sentence on condition, among other things, that he get a new draft card. Even after he lost an appeal and the Supreme Court refused to review the case (TIME, Feb. 24), Miller refused to get a card. Two weeks ago, he joined an anti-war demonstration at selective service headquarters in Washington, sat in the front doorway and blocked traffic until police carried him away. Before the show, he made sure of news coverage by handing out a press release saying that his actions were aimed at making sure that Judge Tyler would send him to prison.

Last week Judge Tyler again tried to reason with Miller. Miller was sympathetic. "I would not like to put it on your conscience that you would be sending an innocent man to jail," he told the judge. Somewhere behind him in the paneled courtroom Miller's infant daughter began to cry. Tossing back her long blonde hair, Miller's young wife briskly began breast feeding the child. Patiently, Judge Tyler reminded Miller that "no one had trammeled on your right to speak your views." Again, he offered Miller the chance to get another card. Again, Miller refused. The judge ordered him to jail for 2 1/2years, then suggested that Miller spend the weekend with his family before surrendering. Miller not only rejected the offer, he sat down on the courtroom floor and announced: "I want to show you it's against my will."

Thrusting her infant at a friend, Mrs. Miller fell to her knees and tried to grab her husband's hand. With that, four U.S. marshals picked up Miller and lugged him to an elevator as news photographers snapped the scene. Only when he got into the elevator and the cameras stopped clicking did Demonstrator Miller finally quit. Calmly he told the marshals: "You can put me down now. I'll walk."

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